SD 

4-Z7 

3/146 



S. DEPARTMENT OF AGRICULTURE, 

FOREST SERVICE, 

HENRY S. CRAVES, Forester. 



THE USE BOOK 

REGULATIONS AND INSTRUCTIONS 

FOR THE USE OF THE NATIONAL FORESTS, 

AND MANUAL OF PROCEDURE 

FOR FOREST OFFICERS. 



ISSUED BY THE SECRETARY OF 
AGRICULTURE DECEMBER 28. 1910. 



WATER POWER. 



1911. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1911. 




Glass __ 
Book_ 



U. S. DEPARTMENT OF AGRICULTURE, 

y}'^' FOREST SERVICE. 

HENRY S. GRAVES, Forestf.r. 



THE USE BOOK 

REGULATIONS AND INSTRUCTIONS 
FOR THE USE OF THE NATIONAL FORESTS, 

AND MANUAL OF PROCEDURE £ ' > 

FOR FOREST OFFICERS. 



ISSUED BY THE SECRETARY OF 
AGRICULTURE DECEMBER 28, 1910. 



WATER POWER. 



1911. 



WASHINGTON : 

GOVERNMENT PRINTING OFFICE. 

19-11. 



S"^^^ 

\>^'- 



^ l\^^ 



"The Secretary * * * may make such rules and regula- 
tions * * * as will insure the objects of said reservations, 
namely, to regulate their occupancy and use and to preserve the 
forests thereon from destruction; and any violation of this act or 
such rules and regulations shall be punished (by $500 fine or 12 
months' imprisonment, or both) as is proAdded for in the act of 
June 4, 1888, amending section 5388 of the Revised Statutes of the 
United States." (Act of June 4, 1897, 34 Stat., 35.) 
2 



',v ■. ; \ » • "■ ' 



"^ CONTENTS. 



• \ Page. 

Jurisdiction 7 

Water-power regulations 7 

Authority to make and publish 7 

Water-power permits, in general ■. 8 

Noncommercial water-power works, defined 9' 

Commercial water-power works, defined 9 

Priority of applications, how secured and maintained 9 

Exclusive use under permits 10 

Water rights, permits do not give , . 11 

Water rights. Department does not adjudicate 11 

Term of permits 11 

Charges for permits 11 

Power capacity of works 14 

Gross power capacity, defined 14 

Power capacity, defined 14 

Load factor, defined 14 

Net power capacity, how determined 14 

Deductions from gross power capacity, how calcu- 
lated 15^ 

Storage power, defined 15 

Conduit, defined 16^^ 

Redetermination of gross power capacity 1& 

Decision of Secretary of Agriculture final 17 

Preliminary water-power permits, requirements of appli- 
cations for 17 

Final water-power permits, requirements of applications 

for 19 

Noncommercial water-power permits, requirements of 

applications for 25 

3 



4 CONTENTS. 

Water-power regulations — Continued. Page. 

Stipulations for noncommercial water-power permit 25 

, Stipulations for final water-power permit 27 

Changes in location or plan of structures during construc- 
tion 31 

Extension of time for beginning and completing con- 
struction 32 

Transfer of water-power works and issue of new permit . . 32 

False certificates and affidavits by engineers 33 

Water-power forms : 

Application for preliminary water-power permit 33 

Certificate of receipt of preliminary application 34 

Preliminary water-power permit 35 

Application for final water-power permit 38 

Certificate of receipt of final application 40 

Affidavit of engineer on map of location 41 

Certificate of applicant on map of location 42 

Affidavit of engineer on notes of survey 43 

Certificate of applicant on notes of survey 43 

Affidavit of engineer on plans of structures 44 

Certificate of ai)plicant on plans of structures 44 

Affidavit of engineer on estimates and data 45 

Certificate of applicant on estimates and data 46 

Water-power stipulation 46 

Certificate of receipt of stipulation 56 

Final water-power permit 56 

Transmission line permit 59 

Water-power procedure 61 

Place of filing applications 61 

Preliminary applications and permits 61 

Priority of applicants 61 

Term of permit 61 

Construction under preliminary permit 61 

Extension of time 62 

Charges for permits 62 

Relation of final to preliminary application 62 



CONTENTS. 5 

Water-power procedure — Continued. 

Preliminary applications and permits — Continued. Page. 

Termination of permit 63 

Conflicting applications 63 

Record of receipt of application 64 

Action by District Engineer 64 

Action by District Forester 65 

Transmission of papers to Chief Engineer 65 

Action by Chief Engineer 65 

Submission of papers to the Forester 66 

Action by the Forester 66 

Further action by District Forester 66 

Final applications and permits 67 

Record of receipt of final application 67 

Return of incomplete or insufficient papers 68 

Conflicting applications 68 

Action by JDistrict Forester 68 

Action by Supervisor 69 

District Engineer's examination 69 

District Engineer's report 70 

Time for preliminary construction 70 

Progressive development of projects 71 

Determination of power capacity 71 

Transmission of papers to Chief Engineer 72 

Action by Chief Engineer 73 

Submission of stipulation to applicant for execution. 73 

Submission of papers to Forester 74 

Action by Forester 74 

Further action by District Forester 74 

Recommendations for cancellation 75 

Notice and record of annual payments 75 

Minimum rate to apply at beginning of operation 76 



6 CONTENTS. 

Water-power procedure— Continued . 

Final applications and permit — Continued. Page. 

Supervisors to keep informed of and report progress 

of work 76 

Supervisors to report general information 77 

Semicommercial water-power works 77 

Application and permit for noncommercial water-power 

works of 1,000-horsepower capacity or less 78 

Permit issued by District Forester 78 

Applications 78 

Action by District Forester 78 

Action by Supervisor 79 

Issuance of permit 79 

Transmission lines, applications and permits 80 

Permits 80 

Charges 80 

Applications 80 

Action by Supervisor 80 

Action by District Forester 80 



THE USE BOOK. 



The fullest possible use of National Forest lands and 
resources is desired and will be encouraged, v/ith no 
restrictions except such as are necessary to accomplish 
the purposes for which the National Forests are created. 

Administrative jurisdiction over National Forests is 
conferred by law upon the Secretary of Agriculture (act 
of Feb. 1, 1905, 33 Stat., 628), who is authorized to 
regulate their occupancy and use (act of June 4, 1897, 
30 Stat., 11). 

The Secretary of the Interior has jurisdiction of all 
matters relating to the patenting and official survey of 
lands in the National Forests, and of grants of rights 
of way amounting to easements. By the practice and 
regulations of the Department of the Interior applica- 
tions for rights of way in the National Forests are re- 
ferred to the Secretary of Agriculture by the Secretary 
of the Interior for recommendations before final action 
thereon. 

WATER-POWEil REGULATIONS. 

Department of Agriculture, 

Office of the Secretary, 

Washington. 
By virtue of the authority vested in the Secretary of 
Agriculture by the act of Congress of February 1, 1905 

7 



8 THE USE BOOK. 

(33 Stat., 628), amendatory of the act of Congress of 
June 4, 1897 (30 Stat., 11), I, James Wilson, Secretary 
of Agriculture, do make and publish the following regu- 
lations for the occupancy and use of the National 
Forests for purposes of water-power development and 
utilization, the same to supersede all previous regula- 
tions for like purposes, and to be of force and effect 
from the date of this order, and to constitute a part of 
the Use Book. 

In testimony whereof I have hereunto set my hand 
and official seal at Washington, D. C, this 28th day of 
December, 1910. 

[seal.] James Wilson, 

Secretary of Agriculture. 

REG. L-1. Preliminary water-power permits will 
allow the occupancy of the lands of the United States 
within National Forests for the purpose of securing the 
data required for an application for final permit and for 
such construction as may be necessary to preserve water 
appropriation during that period. Final water-power 
permits will allow the occupancy and use of such lands 
for the construction, maintenance and operation thereon 
of works for the main purpose of the generation of elec- 
trical power. Preliminary or final permits for com- 
mercial water-power works, or for noncommercial water- 
power works of a capacity in excess of one thousand 
(1,000) horsepower, will be granted, extended, and renewed 
only by the Secretary of Agriculture. Permits for non- 
commercial water-power works of a capacity of one thousand 



THE USE BOOK. 9 

(1,000) horsepower or less, and for transmission lines, not 
a part of any water-power works covered by a water-power 
permit will be granted, extended, and renewed by the Dis- 
trict Forester. The Secretary of Agriculture alone may 
revoke wstter-power permits. 

S.EG. L-2. The term "noncommercial water-power 
works" will be applied to water-power works owned and 
used solely by the permittees for one or more of the follow- 
ing purposes: In the operation of their own mines, or in 
the milling and reduction of ores therefrom; as auxiliary 
to irrigation works owned and operated by permittees; 
temporarily, in the construction of other works for which 
permission has already been granted the permittees ; by 
municipalities for municipal purposes ; or for such other 
miscellaneous uses not herein enumerated as may be deter- 
mined by the Secretary of Agriculture to fall within this 
class. No charge will be made for the use and occupancy 
of lands for noncommercial water-power works. All other 
water-power works will be termed "commercial." (See 
Regulation L-7 for charges.) 

REG. L-3. Priority of application for a preliminary 
water-power permit shall be established by filing an appli- 
cation as prescribed in Regulation L-9. Priority of 
application for a final water-power permit shall be estab- 
lished by filing an application as prescribed in Regula- 
tion L-10. If an application for a final permit as pre» 
scribed by the said regulation is filed within the period 
required in a preliminary permit, priority established 
thereunder shall be maintained, and with reference to 
priority such application for final permit shall relate back 



10 THE USE BOOK. 

and be effective as of the date of the application for the 
preliminary permit. Priority shall be maintained only 
when the projects shown in the application for the final 
permit are within the approximate limits of diversion and 
discharge as shown in the application for the preliminary 
permit ; priority shall be established for any projects out- 
side these limits from the date of filing the application for 
final permit. Priority established under an application 
for final permit shall be lost if the applicant fails to return 
a duly executed stipulation, as prescribed in Regulation 
L-12, within ninety (90) days from the date it is mailed 
by the District Forester, unless such period is extended by 
written authority of the Secretary of Agriculture. Prior- 
ity established under an application for preliminary per- 
mit shall be lost if the application for final permit, as 
prescribed in Eegulation L-10, is not filed within the time 
required in the preliminary permit. Priority established 
under an application for final permit shall be lost if the 
permit is revoked. "No other application for a like use, 
covering in whole or in part the same lands, shall be ac° 
cepted from the permittee whose priority of application is 
lost until the expiration of one year thereafter. 

EEG. L-4. 1^0 g^pplication for preliminary or final 
water-power permit will be accepted, and no permit 
will be granted thereunder while the lands applied for 
are occupied and used under an existing water-power 
permit. Upon ascertaining that the lands applied for 
are so occupied and used, the District Forester will return 



THE USE BOOK. 11 

the application and inform the applicant fully of the 
reasons why the application can not be accepted. 

REGr. L-5. Occupancy and use of Jlationai Forest 
lands is the «ole privilege granted under a water-power 
permit. In the issuance of such permits no attempt will 
be made to adjudicate water rights, since water rights 
are acquired under State laws and adjudicated by the 
courts. Therefore no protests against the granting of 
an application, if based upon alleged lack of w^ater rights, 
will be considered; nor, in general, will any allegation 
that the time of beginning or completion of construction 
has been or is delayed by litigation over water rights be 
accepted as a sufficient reason for granting any extensions 
of time. 

REGr. L-6. Unless sooner revoked by the Secretary of 
Agriculture, a final water-power permit shall terminate 
at the expiration of fifty (50) years from the date of the 
permit, and may then be deemed to be an application by 
the permittee for a new permit to occupy and use such 
lands as are occupied and used under the original permit: 
Provided, That the permittee shall, not less than two 
nor more than four years prior to the termination of the 
permit, formally notify the Secretary of Agriculture that 
it desires such new permit, and will comply with all laws 
and regulations at such time existing, regulating the 
occupancy and use for water-power purposes of lands of 
the United States within the National Forests. 

REGr. Ii-7. The occupancy and use of lands of the United 
States within National Forests under a preliminary or 
final water power permit, other than noncommercial, shall 



12 THE USE BOOK. 

be conditioned upon the payment of an annual charge, based 
upon the value for power purposes of such lands, and the 
measure of said value shall be the net power capacity of 
the works, as defined in Regulation L-8, and tkfe rates at 
which the charge shall be calculated shall be for each net 
electrical horsepower per annum as follows: 

For the first year $0.10 

For the second year 0.20 

For the third year 0.30 

For the fourth year 0.40 

For the fifth year 0.50 

For the sixth year 0.60 

For the seventh year 0.70 

For the eighth year 0.80 

For the ninth year 0.90 

For the tenth and each succeeding year 1.00 

The above rates per net electrical horsepower per annum 
shall apply to preliminary water-power permits, in accord- 
ance with the net power capacity of the works as esti- 
mated at the time of granting the preliminary water-power 
permit, and if the final application is made in accordance 
with the terms of the preliminary permit all payments 
made under the preliminary permit shall be credited to 
the permittee and be applied to the payment due at the 
time of granting the final permit and, or, to payments to 
become due thereafter: Provided, however, That if the 
final permit provides for only a partial development of the 
project or projects protected by the preliminary permit 
then only a proportional part of such payments as may 
have been made under the preliminary permit will be 



THE USE BOOK. 13 

applied on payments due or to become due under the final 
permit. 

The above rates shall also apply to final water-power 
permits, and if the works are completed and operation 
is begun within the time specified in the stipulation 
executed by the permittee or any approved extension 
thereof, all payments made prior to such specified date 
under the final permit and all payments which have been 
credited upon the final permit shall be applied on pay- 
ments due or to become due upon or after the specified date. 

The minimum rate of ten (10) cents per net electrical 
horsepower per annum shall also apply upon the date of 
the termination of the period for the completion of con- 
struction and beginning of operation as specified in the 
stipulation, or in an^ approved extension thereof, if the 
works are completed and operation is begun within such 
specified period and shall increase by ten (10) cents per 
net electrical horsepower per annum for each year there- 
after until a rate of one dollar ($1) per net electrical 
horsepower per annum is reached, and shall then remain 
at that rate until the expiration of the permit. 

The minimum rate of ten (10) cents per net electrical 
horsepower per annum shall apply proportionately to 
the fractional part of the calendar year succeeding the 
date of the granting of the preliminary permit, the final 
permit, and the date specified in the stipulation for the 
completion of construction and beginning of operation, or 
any approved extension thereof, if the works are com- 
pleted and operation is begun within such specified period, 
and also to the following full calendar year. 



14 THE USE BOOK, 

If the original permittee sells or transfers his improve- 
ments in accordance with Eegiilation L-15 and a new -per- 
mit is issued to the vendee or transferee, the subsequent 
annual charges shall be at the rates that would have been 
required under the original permit, and any advance pay- 
ments made by the original permittee may be applied pro 
tanto on the new permit. If all or any part of the amounts 
due for charges as required in the preliminary permit shall, 
after due notice has been given, be in arrears for sixty 
days, then and thereupon the preliminary permit shall 
terminate and be void. If all or any part of the amounts 
due for charges as required in the final permit shall, after 
due notice has been given, be in arrears for six months, 
then and thereupon the final permit shall terminate and 
be void. 

Nothing in this regulation shall be construed to alter or 
amend the rates or the methods of fixing the charges as 
specifically provided in any existing permit. 

REG. 1—8. The term "gross power capacity," as used 
in these regulations, shall mean the power capacity of the 
entire works to be constructed, maintained, and, or, operated 
in whole or in part, under the permit for which application 
is made ; provided that the term "power capacity," as used 
in this regulation, shall mean estimated average annual 
station output in electrical horsepower, which, under con- 
tinuous operation with reasonable load factor, is possible of 
development from all water available therefor, falling 
through effective head, with deductions for reasonable 
mechanical and electrical losses in generating machinery, 



THE USE BOOK. 15 

and that the term "load factor," as used in this regulation, 
shall mean ratio of average output to maximum output. 

The "net power capacity" upon which the charges are 
based (see Regulation L-7) shall be determined by mak- 
ing the following deductions from the gross power capacity 
of the entire works : 

(A) An amount bearing approximately the same ratio 
to the storage power of the reservoir or reservoirs, pro- 
posed to be constructed or maintained under permit, as 
the area of unreserved la,nds and patented lands within 
the flood lines of such reservoir or reservoirs bears to the 
total area within said flood lines, as of the beginning of 
each year. 

(B) An amount bearing approximately the same ratio 
to the difference between the gross power capacity and 
the storage power as the length of the conduit or conduits, 
proposed to be constructed or maintained under permit 
upon unreserved lands and patented lands, bears to the 
total length from intake to powerhouse, of the conduit or 
conduits, as of the beginning of each year. 

(C) From the gross power capacity remaining after 
deductions (A) and (B) have been made a further deduc- 
tion shall be made which, in per cent, shall be calculated 
by multiplying the square of the distance of primary 
transmission in miles by the constant factor 0.001 ; but 
in no case shall deduction (C) exceed twenty-five (25) 
per cent. 

The term " storage power," as used in these regula- 
tions, shall mean that part of the aforesaid gross power 
capacity which is made possible of development by the 



16 THE USE BOOK. 

use of any reservoir or reservoirs to be constructed 
maintained in whole or in part under permit. The wo: 
" conduit," as used in these regulations, shall inclui 
ditches, canals, flumes, pipe lines, and all other mea: 
for the conveyance of a flow of v/ater. 

If any part of the electric energy generated by tl 
works constructed in whole or in part under permit 
used by the permittee in the operation of its own mine 
or in the milling or reduction of ores therefrom, or j 
auxiliary to irrigation works owned and operated by tl 
permittee, or for such other miscellaneous uses as ms 
be determined by the Secretary of Agriculture to fa 
within " noncommercial " use, the net power capacil 
upon which the charge for any year is to be calculat( 
shall, before such calculation, be reduced by an amoui 
bearing approximately the same ratio to the net powi 
capacity as the amount of electric energy generated I 
the works and used for the above purposes, bears to tl 
total amount of energy generated by the works durii 
the last preceding year. 

If at any time not less than ten (10) years after tl 
original or after the last preceding determination of tl 
gross power capacity, the permittee or the Secretary ^ 
Agriculture on the ground of the inaccuracy, insufficienc; 
or inapplicability of the data upon which the original < 
said last preceding determination of the gross pow( 
capacity was made, shall apply for or give notice < 
review of the original or last preceding determinatio: 
then and thereupon such review shall be taken by tl 



THE USE BOOK. 17 

Secretary of Agriculture and a redetermination of the 
gross power capacity and of the storage power shall be 
made, and thereupon the redetermined gross power and 
the redetermined storage power shall, for the purpose of 
determining 'the charges, and from the beginning of the 
next calendar year, be taken to be the gross power capacity 
of the works and the storage power of the reservoir or 
reservoirs. 

The decision of the Secretary of Agriculture shall be 
final as to all matters of fact upon which the determina- 
tion of the power capacity of the works and the storage 
power of the reservoir or reservoirs depend. 

REGr. L-9. All applications for preliminary permits to 
occupy and use the lands of the United States within 
National Forests for the purpose of securing the data 
required for a final application for water-power works 
and for such construction as may be necessary to preserve 
water appropriation, shall be filed with the District 
Forester of the District in which such lands are situated, 
and shall consist of the following : 

(A) An application in triplicate on Form 58. 

(B) A map on tracing linen and either one Van Dyke 
negative or three print copies, cut to a uniform size 
not larger than 28 by 40 inches and not smaller than 24 
by 36 inches, with scale so selected as to show the entire 
project upon a single map, showing the approximate loca- 
tion of the dams, reservoirs, conduits, power houses or other 
works for which final application is to be made; each 
separate sheet of maps, estimates and data shall be signed 

71956 «— 11 2 



18 THE USE BOOK. 

and dated by the applicant. If the proposed development 
is to be upon surveyed land, the map shall show for- each 
reservoir site the distance and bearing of one extremity 
of the dam from the nearest existing corner of the public 
survey, and the approximate position and area of the 
flood line of the reservoir; for each conduit line, the dis- 
tance and bearing of each terminus from the nearest exist- 
ing corner of the public survey, and the approximate 
location and length of the conduit; and for each power- 
house site, the distance and bearing of one corner of the 
site from the nearest existing corner of the public survey, 
and the approximate area of the site. If on unsurveyed 
land, the distances and bearings may be taken from some 
natural feature that can be readily recognized upon the 
ground, as a stream junction for example, or from a per- 
manent monument that can be readily found. 

(C) A statement in triplicate, estimating the amount 
of water available for use and the total head at each pro- 
posed power house. 

(D) Estimates in triplicate of the amount of power that 
may be developed at each proposed power house. 

(E) Prima facie evidence, certified by the proper public 
officer, of the appropriation by the applicant or its prede- 
cessors of all the water which it is proposed to use in the 
operation of the works applied for. 

Application must be made for the^ occupancy and use 
of such lands for a definite limited period only, which 
period will allow a reasonable time for the preparation 



THE USE BOOK. 19 

and filing of the final application as prescribed in Regu- 
lation L-10. 

The time prescribed in the preliminary permit may, upon 
application, be extended by the Secretary of Agriculture 
if the completion of the final application has been pre- 
vented by unusual climatic conditions that could not 
reasonably have been foreseen or by some special or pecul- 
iar cause beyond the control of the permittee. 

Although not required as an essential part of the appli- 
cation, a statement from the District or Supervising 
Engineer of the United States Reclamation Service, to the 
effect that the granting of the permit applied for will not 
interfere with any Government reclamation project, should 
be submitted with the application. 

An application for a preliminary water-power permit 
filed with the District Forester shall not be complete until 
the last map or paper required by this regulation shall 
have been filed in the form prescribed. 

REG-. L-10. All applications for final permits to occupy 
and use the lands of the United States within Ifational 
Forests for commercial water-power works and for non- 
commercial water-power works of more than 1,000 elec- 
trical horsepower capacity shall be filed with the District 
Forester of the District in which the lands are situated, 
and shall consist of the following: 

(A) An application in triplicate on Form 60. 

(B) Maps of location and plans of structures, both on 
tracing linen with either one Van Dyke negative or two 
Drint copies cut to a. uniform size not larger than 28 by 



20 THE USE BOOK. 

40 inches and not smaller than 24 by 36 inches, with a 
graphical scale of not less than 6 inches in length drawn 
thereon. Separate sheets shall be used for maps of loca- 
tion whenever the whole survey can not be shown upon 
a single sheet. Each separate sheet of maps and plans 
shall contain the affidavit of the applicant's engineer 
and the applicant's certificate. 

(1) The following maps and plans shall be filed for 
each reservoir which will be used as a part of the com- 
plete power project: (a) a contour map of each reservoir 
site, dam, and dam site on a scale of not more than 400 
feet to the inch with a contour interval of not more than 
10 feet. United States Geological Survey datum should 
be used where available. The maps shall show the refer- 
ence lines for the initial point of the survey and all land 
subdivisions within the flood lines of the reservoirs, and 
the status of all such lands which are within the Ifational 
Forest, designating separately IK'ational Forest land and 
patented land, (b) Plans, elevations, and cross sections 
of the dams, showing spillways, sluiceways, or sluice 
pipes, the character of the material to be used, and the 
type of construction. 

(2) The following maps and plans shall be filed for the 
entire length of each conduit which will be used as a part 
of the complete power project: (a) A contour map of the 
entire conduit location, except pressure lines, on a scale 
of not more than 400 feet to the inch, with contour interval 
of not more than 10 feet and a profile of the pressure lines. 
United States Geological Survey datum should be used 



THE USE BOOK. 21 

where available. The contours shall cover either an area 
of 100 feet in width on each side of the center line of the 
conduit or a difference in elevation of at least 25 feet above 
and below the grade line of the conduit. This map shall 
show the transit line of the survey and the center line 
of the proposed final location of conduits, including 
curves between tangents, the reference line of the 
location of termini, all land subdivisions to be crossed 
by the conduit, and the distance, from the nearest section 
or quarter-section corner, of the intersection of the transit 
line with section lines. If such corners can not be found 
within a half mile of the line the fact should be noted upon 
the map and the tie may be omitted. This map shall 
also show the status of land within the National Forest 
which will be crossed by the conduits, designating sepa- 
rately National Forest land and patented land, what 
sections of the conduit will be in fiume, ditch, tunnel, 
pipe, etc., and the grade of each section, (b) Plans, 
elevations, and cross sections of each type of conduit, 
showing material, dimensions, grades, flow line, and 
capacity, and plans of intake works and forebays. 

(3) The following maps shall be filed for all power- 
house sites which will be used as a part of the complete 
power project. Contour maps on a scale of not more than 
50 feet to the inch with contour interval of not more than 
5 feet, of all proposed power-house sites, showing connec- 
tions between initial point of survey and the reference 
corner of the public survey, the proposed locations of power 
houses, other buildings, etc., and the status of the lands 
to be used, designating separately National Forest land 



22 THE USE BOOK. 

and patented land. This map shall also state the pro- 
posed type and probable number and rated capacity of the 
water wheels and generators to be used. 

(4) The following maps shall be filed for such portions of 
transmission lines as lie within the exterior boundaries of 
a National Forest: A map of the survey of the proposed 
final location of the center line of the transmission line 
on a scale of not more than 1,000 feet to the inch. This 
map shall show the reference lines for the location of 
termini when within the exterior boundaries or of inter- 
sections with National Forest boundaries, all land sub- 
divisions to be crossed by the transmission line, the dis- 
tances, from the nearest section or quarter-section corner, 
of the intersection of the survey lines with the section lines 
and the status of the lands to be crossed by the trans- 
mission line, designating separately National Forest land 
and patented land. 

' (C) Copies of field notes in triplicate of the entire final 
location survey of conduits and transmission lines and the 
exterior boundaries of power house and reservoir sites 
bearing the affidavit of the applicant's engineer and the 
applicant's certificate. 

(D) Detailed estimate in triplicate of the amount of 
maximum, minimum, and average output of the pro- 
posed works in electrical horsepower at the generator 
switchboard, bearing the affidavit of the applicant's engi- 
neer and the applicant's certificate. This estimate shall 
be accompanied by a detailed statement in triplicate of 
the complete data upon which estimates are based, con- 
sisting of a statement of the amount of water appropriated, 



THE USE BOOK. 23 

the estimated average amounts of water to be used from 
natural flow and from storage, stream measurements, 
run-off and evaporation records, total and effective heads, 
estimated efficiencies of machinery, and estimated load 
factor of the plant. 

(E) Prima facie evidence, certified by the proper pub- 
lic officer, of the appropriation by the applicant or its 
predecessors of all the water which it is proposed to use 
in the operation of the works. If such evidence has 
been filed with a preliminary application only such addi- 
tional evidence will be required as will cover appropria- 
tions or transfers subsequent to the date of the evidence 
filed with the preliminary application. 

(F) Articles of incorporation, if a corporation, certified 
under the State seal, or articles of association or partner- 
ship properly certified, and, if a corporation organized 
under the laws of a State or Territory other than the 
State or Territory in which the project is located, evidence 
of the right to operate within the State or Territory within 
which the works are to be located. 

Maps and field notes shall designate by termini and 
length each conduit and transmission line, and by initial 
point and area each reservoir site and power-house site. 
The termini of conduits, the termini of transmission lines 
when within the exterior boundaries, the intersections of 
transmission lines with National Forest boundaries and the 
initial point of survey of power-house sites shall be fixed by 
reference of course and distance to the nearest existing 
corner of the public survey. The initial point of the sur- 
vey of reservoir sites shall be fixed by reference of course 



24 THE USE BOOK. 

and distance to the nearest existing corner ontside of the 
reservoir by a line, or lines, that does not cross an area that 
will be covered with water when the reservoir is in use. 
When either terminus or a conduit, or intersections of 
transmission lines with National Forest boundaries, or the 
initial point of the survey of a reservoir or power-house 
site is upon unsurveyed land, it shall be connected by 
traverse with an established corner of the public survey, 
and the distance from the terminus or initial point to the 
corner shall be computed and noted on the map and in the 
affidavit of the applicant's engineer. When an estab- 
lished corner of the public survey is more than 2 miles dis- 
tant, this connection may be with a natural object or a 
permanent monument which can be readily found and 
recognized and which will fix and perpetuate the position 
of the terminus or initial point. This map shall show the 
position of such point and shall give the course and dis- 
tance to the terminus and initial point. The field notes 
shall give an accurate description of the natural object 
or monument and full data of traverse as required above. 
The affidavit of the applicant's engineer and the appli- 
cant's certificate shall state the connections. 

Each separate original map, plan, set of field notes, 
estimates and data, evidence of water right, articles of 
incorporation and evidence of right to do business v/ithin 
the State, when required, shall be plainly marked " Ex- 
hibit A," " Exhibit B," etc., respectively, and referred 
to by such designation in the application. Maps and 
plans shall in addition be described in the application 
by their titles as " Exhibit A," map of location of, etc.. 



THE USE BOOK. 25 

" Exhibit B," plan of, etc. Duplicate and triplicate 
copies should be marked " Exhibit A, duplicate," " Ex- 
hibit A, triplicate," etc. Maps should be rolled for 
mailing and should not be folded. 

An application for final permit filed with the District 
Forester shall not be complete until the last map or paper 
required by this regulation has been filed in the form 
prescribed. 

EEGr. L-11. Applications for permission to occupy and 
use the lands of the United States within National Forests 
for noncommercial water-power works of 1,000 horsepower 
capacity or less shall be filed v/ith the District Forester 
of the District in vi,^hich such lands are situated, shall be in 
writing, and shall be accompanied by : 

(A) A map in triplicate showing the location of dams, 
reservoirs, conduits, power houses, and transmission lines 
or other works. 

(B) Field notes of the survey in triplicate, 

(C) Prima facie evidence, certified by the proper public 
officer, of the appropriation by the applicant or its prede- 
cessors of all the water which it is proposed to use in the 
operation of the works. 

(D) A statement in triplicate of the amount of water to 
be diverted for use and the amount of power to be developed. 

The map shall consist of one original on tracing linen 
and either one Van Dyke negative or two print copies, and 
shall be not larger than 28 by 40 inches or smaller than 
24 by 36 inches, and may be of any convenient scale. If 
the proposed development is to be upon unsurveyed land, 
the map shall show, for each reservoir site, the distance 



26 THE USE BOOK. 

and bearing of the initial point of survey from the nearest 
existing corner of the public survey, the location of the 
flood lines of the reservoir, and its area; for each conduit 
line, the distance and bearing of each terminus from the 
nearest corner of the public survey, the location of the 
center line of the conduit, and its length; and for each 
power-house site, the distance and bearing of the initial 
point of survey from the nearest corner of the public sur- 
vey, the location of the exterior boundaries of the site, and 
the area. If on unsurveyed land, the distances and bear- 
ings may, if the nearest existing corner of the public survey 
is more than two miles distant, be taken from some natural 
object or permanent monument that can be readily found 
and recognized, and which will fix and perpetuate the 
position of the terminus or initial point. 

EEG. L-12. Before a water-power permit for non- 
commercial water-power works of over 1,000 horse- 
power capacity shall be issued, the permittee shall 
execute a stipulation to include such of the requirements 
enumerated in Regulation L-13 as may be necessary to 
protect National Forest interests. Stipulations will not 
be required for noncommercial water-power works of 
1,000 horsepower or less, or for transmission lines not a 
part of any water-power works covered by a water-power 
permit. 

EEG. L-13. Before a final permit for commercial water- 
power works shall be issued, the permittee shall execute 
and file with the District Forester a stipulation: 

(A) To construct its works on the locations shown upon 
and in accordance with the maps and plans filed with its 



THE USE BOOK. 27 

final application fo. a water-power permit and to make 
no material deviation from said location unless and until 
maps and plans showing such deviation shall have been 
filed with the District Forester and approved by the 
Secretary of Agriculture. (See Regulation 1-15.) 

(B) To begin the construction of the works, or the sev- 
eral parts of the works, within a specified period or periods 
from the date of the permit for which application has been 
made, and thereafter to diligently and continuously prose- 
cute such construction unless temporarily interrupted by 
climatic conditions or by some special or peculiar cause 
beyond the control of the permittee. The term "construc- 
tion of the works" as used in this regulation shall be 
deemed and taken to mean only the actual construction 
of dams, conduits, power houses, transmission lines, or 
some permanent structure necessary to the operation of 
the completed works, and shall not include surveys or the 
building of roads and trails, or the clearing of reservoir 
sites or other lands to be occupied, or the performance of 
any work preliminary to the actual construction of the 
permanent works. 

(C) To complete the construction and begin the opera- 
tion of the works, or the several parts of the works, within 
a specified period or periods from the date of the permit 
for which application has been made. 

(D) To operate continuously for the generation of 
electric energy the works constructed and maintained in 
whole or in part under the permit, unless, upon a full and 
satisfactory showing that such operation is prevented by 
unavoidable accidents or contingencies, this requirement 



28 THE USE BOOK. 

shall be temporarily waived by the written consent of 
the Secretary of Agriculture. 

(E) That any approval by the Secretary of Agriculture 
of any alteration or amendment, or of any map or plan, 
or of any extension of time, shall affect only the portions 
specifically covered by such approval. And no approval of 
any such alteration, amendment, or extension shall operate 
to alter or amend, or in any way whatsoever be a waiver 
of any other part, condition, or provision of the stipulation. 

(F) To pay annually in advance for the use and occu- 
pancy of the land such charges as may be required by the 
regulations of the Secretary of Agriculture. (Regulations 
1-7 and L-8.) 

(G) To install and maintain in good operating condition 
accurate measuring weirs, gauges, and other devices 
approved by the Secretary of Agriculture, adequate for the 
determination of the natural flow of the stream or streams 
from which the water is to be diverted for the operation of 
the works and of the amount of Vv^ater used from the natural 
flow in the operation of the works and of the amounts of 
water held in and drawn from storage, and to keep accu- 
rate and sufficient records, to the satisfaction of the Sec- 
retary of Agriculture, of the above-named measurements. 

(H) That the books and records of the permittee in so 
far as they show the amount of electric energy gener- 
ated by the works constructed or maintained, in whole or 
in part, under permit, or the amount of water held in or 
used from storage, or the stream flow or other data of the 
watershed furnishing water used in the generation of 



THE USE BOOK. 29 

electric energy, shall be open at all times to the inspec- 
tion and examination of the Secretary of Agriculture, or 
his duly authorized representative, and that the permittee 
will during January of each year make a return to the 
Secretary of -Agriculture, under oath, of such of the records 
of measurements made by or in the possession of the 
permittee as may be required by the Secretary of Agricul- 
ture and for the year ending on December thirty-first 
preceding. 

(I) That the works to be constructed and maintained 
under the permit will not be owned, leased, trusteed, 
possessed, or controlled by any device or in any manner so 
that they form part of, or m any way effect, a,ny combination 
in the form of an unlawful trust, or form the subject of 
any contract or conspiracy to limit the output of electric 
energy, or in restraint of trade with foreign nations or 
between two or more States or Territories, or within any 
one State or Territory in the generation, sale, or distribu- 
tion of electric energy. 

(J) To protect all Government and other telephone lines 
at crossings of and at all places of proximity to the trans- 
mission line and to maintain the line in such a manner as 
to prevent injury to stock grazing on the National Forests. 

(K) To clear and keep clear the land along the trans- 
mission line v/here it crosses National Forest lands. 

(L) To dispose of all brush and other refuse resulting 
from the clearing out or cutting of timber on the National 
Forest lands to be occupied under the permit for which 
application is made. 



30 THE USE BOOK. 

(M) To build and repair roads and trails whenever any 
roads or trails are destroyed or injured by construction work 
or flooding under the permission applied for, and to build 
and maintain necessary and suitable crossings for all 
roads and trails which intersect the conduit, if any, con- 
structed, operated, or maintained on the lands the occu- 
pancy and use of which is applied for. 

(N) To pay for the full value of all merchantable timber 
upon National Forest lands to be cut, injured, or destroyed. 

(0) To pay full value for all damage to the National 
Forests resulting from the breaking of or the overflowing, 
leaking, or seeping of water from the works to be con- 
structed, maintained, or operated under the permission 
applied for, and for all other damage to the National 
Forests caused by the neglect of the permittee or the em- 
ployees, contractors, or employees of the contractors of the 
permittee. 

(P) To sell electric energy to the United States, when 
requested, at as low a rate as is given to any other pur- 
chaser for a like use at the same time: Provided, That 
the permittee can furnish the same to the United States 
without diminishing the measured quantity of energy sold 
before such request to any other customer by a binding 
contract of sale : And provided further. That nothing in 
this clause shall be construed to require the permittee to 
increase its permanent work or to install additional gen- 
erating machinery. 

(Q) To do all reasonably within its power to prevent 
and suppress forest flres on or near the lands to be occU' 
pied under permit. 



THE USE BOOK. 31 

REG. L-14. During the progress of construction amend- 
ments to maps of location or plans of structures will be 
required from the permittee if there is a physical inter- 
ference with the use of lands granted by existing permits or 
pending applications, or if there is a material deviation from 
the maps or plans as originally filed, but no deviation will 
be considered material which involves a change of less 
than 10 per cent in the estimated gross capacity of the 
works. Any approval of an amendment of a map or plan 
or of any extension of time shall be in the form of a supple- 
mental stipulation and permit so drawn as to become a 
part of the original stipulation and permit and a substi- 
tute for the clauses amended. Any approval by the Secre- 
tary of Agriculture of any amendment of any map or plan 
shall apply only to the portions specifically covered by 
such approval, and no approval of any such amendment shall 
operate to amend or be in any way a waiver of any other 
part, condition, or provision of the stipulation. 

If after the completion of the works there are any devia- 
tions in location from those shown upon the original map, or 
approved amendments thereof, additional maps prepared in 
the manner prescribed for original maps of location will be 
required to be filed with the District Forester within six 
months after the completion of each part of the works 
showing the extent of such deviations and the final loca- 
tions of such parts of the works. Also upon the completion 
of the works detailed working plans will be required of the 
works as constructed, except of such parts as have been 
constructed in compliance with plans originally filed or 
approved amendments thereof. Such new or additional 



32 THE USE BOOK. 

plans may be originals on tracing linen or Van Dyke nega- 
tives of the permittee's own working plans. Tli3 plans of 
conduits, dams, and appurtenant structures must be com- 
plete; of power houses, only general lay-out plans are 
required. 

EEG. L-15. An extension of the periods stipulated by 
the permittee for beginning construction, or for the com- 
pletion of construction and the beginning of operation, 
will be granted only by the written approval of the Sec- 
retary of Agriculture after a shov/ing by the permittee 
satisfactory to the Secretary of Agriculture that the 
beginning or completion of construction and beginning of 
operation has been prevented by engineering difficulties 
that could not reasonably have been foreseen, or by other 
special and peculiar causes beyond the control of the 
permittee. 

EEG. L-16. Upon the presentation to the Secretary of 
Agriculture of certified copies of sale, lease, assignment, 
execution of judgment, or other form of transfer of the 
properties or other rights of the permittee in and to the 
works constructed under a water-power permit and of the 
water or other rights necessary to the enjoyment of the 
use of the said works, the said Secretary may, in his dis- 
cretion, upon the formal surrender of the original permit 
and the filing of a stipulation satisfactory to the said 
Secretary by the purchasers, transferees, executors, suc- 
cessors, lessees, or assigns of the original permittee, issue 
a new permit for the unexpired term of the original permit 
to such purchasers, transferees, executors, successors, 
lessees, or assigns, authorizing him, it, or them to occupy 



THE USE BOOK. 33 

and use the lands of the United States specified in the 
original permit for the purposes named in the original 
permit. 

REG. L-17. If any person shall make a false engineer's 
affidavit under regulation L-10 the Secretary of Agricul- 
ture may order that no map, field notes, plan, or estimate 
made by such person shall be received or filed while the 
order is in force. If any applicant shall offer or file any 
map, field notes, plan, or estimate bearing a false engi- 
neer's affidavit, knowing the same to be false, the Secretary 
of Agriculture may order that no water-power application 
shall be received from and no water-power permit shall 
be granted to such applicant while the order is in force. 



WATER-POWER FORMS. 

Form 58. 

United States Department of Agriculture, 
Forest Service. 



(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) 



(Date of priority of application.) 

Application for preliminary ivater-power permit. 

The , a corporation organized and existing under and by 

virtue of the laws of the State (or Territory) of , and having 

its office and principal place of business at , in the State (or 

Territory) of •. 

71956°— 11 3 



34 THE USE BOOK. 

, , citizen of the United States and resident of the 

State (or Territory) of , do hereby make application for a pre- 
liminary permit for months, covering certain lands of the 

United States within the National Forest in the State (or 

Territory) of as such lands are approximately shown upon a 

certain map executed by , on the day of , 19 — , 

which map is filed herewith and made a part hereof. This applica- 
tion is made in order that may, upon the filing of a complete 

and final application in accordance with the regulations of the Sec- 
retary, secure a priority for said final application from the date of 
the filing of this preliminary application. 

(Space for insertion of request for construction work if necessary to maintain water 

rights.) 

In witness whereof, ha caused this instrument to be exe- 
cuted this day of , 19 — . 



[Seal of corporation.] 
Attest: 



Secretary. 

Form 58a. 

United States Department of Agriculture, 
. Forest Service. 

Certificate of receipt of preliminary application. 

The within application of , dated for preliminary 

water-power permit was received by me at , this day 

of , 19 — , at m. 



District Forester 
I certify that I have examined the within application of 



for preliminary water-power permit and have found it as 

described in detail in a certain letter to said applicant dated , 

and signed by the , District Forester, a copy of which is 

attached hereto. 



District Engineer. 
Dated , 19—. 



THE USE BOOK. 35 

The within application of , for preliminary water-power 

permit, having been returned to the applicant for completion, has 

been received by me at , on this day of , 19 — , 

at m. 



District Forester. 

I certify that the within application of for preliminary 

water-power permit is complete as required by the regulations of 
the Secretary of Agriculture. 



Dated , 19- 



District Engineer. 



If when first examined by the District Engineer, the application 
is complete as required by the regulations, the second and third 
forms of certification will be canceled. 

Form 59. 

United States Department of Agriculture, 
Office of the Secretary. 

, Water Power. 

(Name of Forest.) 



(Name of applicant.) 
(Use applied for.) (Date of priority of application. > 

Preliminary loater- power 'permit. 

This preliminary permit issued this day of , 19 — , 

to the Company, hereinafter called the permittee, a corpora- 
tion organized and existing under and by virtue of the laws of the 

State (or Territory) of , and having its office and principal 

place of business at , in the State (or Territory) of , 

Witnesseth: That, 

Whereas the permittee filed with the District Forester at 



-, on the day of , 19 — , at m., an applica- 
tion for a preliminary permit, in accordance with the regulations of 
the Department of Agriculture; 

And whereas the permittee, on the day of , 19 — , 

paid to the National Bank of (United Statos deposi- 
tary), to be placed to the credit of the United States, the sum of 
dollars (| ); 



36 THE USE BOOK. 

Now, therefore, the conditions of this permit are as follows: 

Clause 1. If the permittee shall, on or before the day of 

19 — , file with the District Forester at , , in the 



manner prescribed by the regulations and instructions of the Secre- 
tary of Agriculture, a complete and final application for a permit 

to occupy and use lands of the United States within the 

National Forest as shown upon a certain map executed by on 

the day of , 19 — , and made a part of the aforesaid 

preliminary application for (1) reservoir — to be located 

approximately as shown upon the aforesaid map; (2) — con- 
duit to be located between points of diversion and discharge 

as approximately shown upon the aforesaid map; and (3) 

power-house site to be located approximately as shown on the 

aforesaid map: then and thereupon said final application shall with 
reference to priority of application relate back and be effective as of 
the date of the aforesaid preliminary application, and the priority 
of the permittee's application for a permit to occupy and use the 
lands of the United States, as such lands are shown in its final appli- 
cation shall be established as against any other application for a 
like use, covering in whole or in part the same lands, which may 
have been filed subsequently to the filing of the aforesaid preliminary 
application. 

Provided, hoivever, that if the permittee shall include in said final 
application lands covering developments not comprehended by its 
preliminary application, the priority of its application for such 
additional lands shall date only from the date of the filing of said 
final application. 

Clause 2. The permittee shall pay to the National Bank 

of (United States depositary), or such other Government 

depositary or officer as may hereafter be legally designated, to be 
placed to the credit of the United States the following amounts on 

or before the following dates, to wit: , , 19 — , 

dollars (| ). 

Clause 3. If any one or any part of the amounts named in Clause 2 
hereof shall, after due notice has been given, be in arrears for sixty 
(60) days, then and thereupon this permit shall terminate and become 
void . 

Clause 4. If upon the filing of the said final application a water- 
power permit is granted by the Secretary of Agriculture to the per- 
mittee to occupy and use the aforesaid lands for the construction, 
maintenance, and, or, operation of the aforesaid works; all payments 
made in consideration of this preliminary permit shall be credited to 
the permittee and be applied to the payment of charges due, or to 



THE USE BOOK. 37 

become due, under the said water-power permit: Provided, however, 
That if such final application provides for only a partial development 
of the project or projects, as outlined in the aforesaid preliminary 
application and as protected by this permit, then only such pro- 
portional part of the aforesaid payments shall be credited to the 
permittee as the amount of development provided for in said final 
application bears to the amount of development indicated in said 
preliminary application. 

Clause 5. This permit shall terminate and become void upon the 
date named in Clause 1 hereof, unless extended by the written 
consent of the Secretary of Agriculture, and such extension shall not 
be granted unless the completion of the final application has been 
prevented by unusual climatic conditions that could not reasonably 
have been foreseen, or by some special or peculiar cause beyond the 
control of the permittee; and if at the date of the termination of this 
permit as named in Clause 1 hereof, or at the date of the termination 
of any extension of time as herein provided, the permittee has failed 
to present a complete and final application in the manner and in the 
form prescribed in Clause 1 hereof, then and thereupon the aforesaid 
priority shall be lost, and no other application covering in whole or 
in part the same or adjacent lands will be accepted from the per- 
mittee for a period of one year subsequent to the date of the termina- 
tion of this permit or to the date of the termination of any extension 
thereof. 

Clause 6.^ This permit shall give no right to begin construction of 
any kind or to cut or destroy any timber upon National Forest lands; 
but shall give only the right to establish priority of application as 
hereinbefore provided. 

Clause 6.^ The permittee is hereby authorized to begin the con- 
struction of the following works: 

Clause 7. This permit is nontransferable. 

In witness whereof, I have hereunto set my name this day 

of , 19—. 



Secretary of Agriculture. 



1 Cancel form of clause not used. 



38 THE USE BOOK. 

Form 60. 

United States Department of Agriculture, 
Forest Service. 



(Name of Forest.) 
(Name of applicant.) 
(Use applied for.) (Date of priority of application.) 

Application for final ivater-poiver permit. 

The , a corporation oro;anized and existing under and by 

virtue of the laws of the State (or Territory) of — , and having its 

office and principal place of business at , in the State (or 

Territory) of . 

, — — — , citizen of the United States and resident of 

the State (or Territory) of , do hereby make application for 

permission to occupy and use certain lands of the United States 

within the National Forest in the State (or Territory) of 

by constructing, maintaining, and, or, operating thereon for the main 
purpose of the generation of electric power, the following works: 

(Cancel such of the four following items (a), (6), (r), {d) as may not 
be applicable.) 

(a) dams approximately 

(Masonry, earth, etc., diverting or storage.) 

feet in maximum height and approximately — — feet in 

maximum length, to occupy approximately acres, respec- 
tively, and to form reservoirs to flood approximately 

acres at extreme flood level and approximately acres at spill- 
way level, respectively; ^ in section , township , range 

, meridian, of which total of acres approximately 

— — ■ acres are National Forest land; said dams and said reservoirs 



being designated respectively as follows: . 

(6) — ■ conduits approximately miles in length, respec- 
tively,' crossing sections , township , range , 

meridian, of which total of miles approximately miles 

will lie upon National Forest land, said conduits being designated 
respectively as follows: . 

• If land is unsurveyed substitute for the description by legal subdivisions in para- 
graphs (a), (b), (c), and (d) the following: "Located on certain lands described and 
shown by the maps and field notes accompanying the application filed with the Dis- 
trict Forester on the day of , 19—." 



THE USE BOOK. 39 

(c) power houses and appurtenant structures to occupy 

approximately acres, respectively,' in section , town- 
ship , range , meridian, of which total of 

acres approximately acres are National Forest land; said 

power houses being designated respectively as follows: . 

(d) transmission lines miles in length, respectively,' 

crossing seetions , township , range , ; — 

meridian, of which total of miles approximately — -^ miles 

will cross National Forest land; said transmission lines being desig- 
nated as follows: . 

All as approximately shown upon certain maps and plans exe- 
cuted by , on the day of , 19 — , which maps and 

plans are filed together herewith and designated as follows: 

(Designate each original of map or plan as "Exhibit A," "Exhibit 
B," etc., following each such designation by the title of the map or 
plan as "Exhibit A," Map of location of, etc.; "Exhibit — ," 
Plan of, etc.), which maps and plans together with certain field 
notes, estimates and data, evidence of water rights, articles of 
incorporation, and evidence of authority to conduct business, 
designated respectively as "Exhibit — ," "Exhibit — ," "Exhibit 
— ," "Exhibit — ," and "Exhibit — ^," are hereby made a part of 
this application. 

This application has been prepared to be filed in accordance 
with the regulation of the Secretary of Agriculture, in order 

that may obtain the benefits of the act of Congress 

approved February 15, 1901, entitled "An act relating to rights 
of way through certain parks, reservations, and other public 
lands;" and that the use and occupation of the lands for which this 
application is made is desired for the purpose of generating electric 

power . (Add use to which powder is to be put and any other 

purpose for which land may be desired.) 

In witness .whereof ha caused this instrument to be 

executed this day of , 19 — . 



[Seal of ?orporation.] 
Attest: 



Secretary. 



1 If land is iinsurveyed substitute for the description by legal subdivisions in 
paragraphs (a), (6), (c), and (d) the following: "Located on certain lands described 
and shown by the maps and field notes accompanying the application filed with the 
District Forester on the day of , 19—." 



40 THE USE BOOK. 

Form 60a. 

United States Department of Agriculture, 
Forest Service. 

Certification of receipt of final application. 

The within application of , dated , for a final water- 
power permit, was received by me at , this day of 

19 — , at m. 

District Forester. 

I certify that I have examined the within application of , for 

a final water-power permit, and have found it as described in 

detail in a certain letter to said applicant, dated , and signed 

by the District Forester, a copy of which is attached hereto. 

. ^ 

District Engineer. 
Dated , 19—. 

The within application of , for a final water-power permit, 

having been returned to the applicant for completion, has been 

received by me at , this day of , 19 — , 

at m. 



District Forester. 

I certify that the within application of , for a final water- 
power permit, is complete as required by the regulations of the Secre- 
tary of Agriculture. 

District Engineer. 
Dated , 19—. 

If when first examined by the District Engineer the application is 
complete as required by the regulations, the second and third forms 
of certification will be canceled. 



THE USE BOOK. 41 

60b. 

United States Department of Agriculture, 
Forest Service. 

Form of affidavit of engineer on map of location. 

State of , County of , ss: 

, being duly sworn, says he is the engineer of (or the person 

employed to make the survey by) the Company ; that the sur- 
vey of said company's (conduits, transmission lines, reservoirs, and, 
or, power-house sites), described as follows: [Here describe each con- 
duit and transmission line by termini and length and each reservoir 
and, or, power-house site, by area and initial point], being a total 

length of conduit of approximately miles, a total length of 

transmission line of approximately miles, a total area of 

reservoir site of approximately acres, and a total area of 

power-house site of approximately acres, was made by him 

(or under his direction) as engineer of (or as the person employed to 
make the survey by) said company, and under its authority; that 

said survey was commenced on the day of , 19 — , and 

ended on the day of , 19 — , and that said survey of said 

(conduits, transmission lines, reservoirs, and, or, power-house sites), 
approximately represents the proposed final location of said con- 
duit, and approximately represents the proposed final location of 
said transmission lines, and approximately represents the proposed 
final location of the flood line of said reservoirs, and approximately 
represents the necessary area and proposed final location for said 
power-house sites; and that said survey is accurately represented 
upon this map and by the accompanying field notes, marked 
"Exhibit — " (and no lake or lake bed, stream or stream bed, is to 
be used for said conduits or reservoirs except as shown on this map). 

Engineer. 

Subscribed and sworn to before me this day of , 19 — . 

[Seal.] , 

Notary Public. 



42 THE USE BOOK. 

60c. 

United States Department of Agriculture, 
Forest Service. 

Fonn of certificate of applicant on map of location. 

I, , do hereby certify that I am the of the 

Company; that , who subscribed the accompanying affidavit, 

is the engineer of (or the person employed to make the survey by) 
the said company; that the survey of the (conduits, transmission 
lines, reservoirs, and, or, power-house sites), as accurately repre- 
sented on this map and by the accompanying field notes, marked 
" Exhibit — ," was made under authority of said company; that said 
company is duly authorized by its articles of incorporation to con- 
struct (conduits, transmission lines, dams, reservoirs, and, or, power 
houses) upon the locations shown upon this map; that the location 
of said (conduits, transmission lines, reservoirs, and, or, power-house 
sites, as represented on this map and by said field notes, have been 
adopted by said company as the approximate final locations of said 
(conduits, transmission lines, dams, reservoirs, and, or, power-house 

sites) as described in the engineer's affidavit hereon (and that 

no lake or lake bed, stream or stream bed is to be used for said (con- 
duits and reservoirs) except as shown on this map); and that in ac- 
cordance with the regulations of the Department of Agriculture this 
map has been prepared to be filed as " Exhibit — " of an application 

of said company, dated , 19 — , and bearing my signature as 

of said company. 

[Seal of company.] , 

of the Company. 

Attest: 

Secretary. 



THE USE BOOK. 43 

60d. 

United States Department of Agriculture, 
Forest Service. 

Form of affidavit of engineer on notes of survey. 

State of — ^ , County of , ss: 

, being duly sworn, says that he is the engineer of (or the 

person employed to make the survey by) the Company; that 

the foregoing notes of survey are a true and complete copy of the 
field notes of an actual location survey made on the ground by him 
(or under his direction) as engineer of (or as the person employed to 
make the survey by) said company, and under its authority; and 
that all of said notes and no others were used in the preparation of 
the maps filed together herewith and marked "Exhibit — ." 



Engineer. 
Subscribed and sworn to before me this day of , 19 — . 



Notary Public. 
[Seal.] 



60e. 



United States Department of Agriculture, 
Forest Service. 



Form of certificate of applicant on notes of survey. 

I, , do hereby certify that I am the of the 

Company; that , who subscribed the accompanying affidavit, 

is the engineer of (or the person employed to make the survey by) 
the said company; and that, in accordance with the regulations of 
the Secretary of Agriculture, the foregoing notes have been prepared 
to be filed as "Exhibit — " of an application of said company, dated 
, 19 — , and bearing my signature as of said company. 



Attest: of the Company. 

Secretary. 



44 THE USE BOOK. 

COf. 

United States Department of Agriculture, 
Forest Service. 

Form of affidavit of engineer on plans of structures . 

State of , County of — — , ss: 

, being duly sworn, says he is the engineer of (or the person 

employed to make the designs and plans by) the Company; 

that the designs of said company's (conduits, dams, etc.), as accu- 
rately represented upon this plan, were made by him (or under his 
direction) as engineer of (or as the person employed to make the 
designs and plans by) said company, and under its authority; that 
the designs of said (conduits, dams, etc.), represent safe, proper, and 
adequate structures for the fullest economic utilization of the power 
available for development at the locations shown upon certain maps 
filed together herewith and marked "Exhibit — ." 



Engineer. 
Subscribed and sw^orn to before me this — day of , ]9- 



Notary Public . 

60g. 

United States Department of Agriculture, 
Forest Service. 

Form, of certificate of applicant on plans of structures . 

I, , do hereby certify that I am the of the 



Company; that — , w^ho subscribed the accompanying affidavit, 

is the engineer of (or the person employed to make the designs and 
plans by) said company; that the designs of (conduits, dams, etc.), 
as accurately represented upon this plan, were made under the 
authority of said company; that said company is duly authorized 
by its articles of incorporation to construct (conduits, dams, etc.), of 
the character show^n upon this plan; that the designs of said (con- 
duits, dams, etc.), as accurately represented upon this plan, have 
been adopted by said company as the approximate designs of the 
(conduits, dams, etc.), proposed to be constructed in the locations 
shown upon certain maps filed together herewith and marked 
" Exhibit — ;" and that, in accordance with the regulations of the 



THE USE BOOK. 45 

Secretary of Agriculture, this plan has been prepared to be filed as 

"Exhibit — " of an application of said company, dated , 19 — , 

and bearing my signature as of said company. 

of the Company. 

[Seal of company.] 
Attest: 

— — , {Secretary .) 

60h. 

United States Department of Agriculture, 
Forest Service. 

Form of affidavit of engineer on estimates and data. 

State of , County of , ss: 

, being duly sworn, says that he is the engineer of (or the 

person employed to collect the data and prepare the estimates of 
power by) the Company; that the foregoing data were col- 
lected by him and the foregoing estimates were prepared by him 
(or under his direction) as engineer of (or the person employed to 
collect the data and prepare the estimates of power by) said company, 
and under its authority; that the foregoing estimates, based upon all 
the data available therefor, represent, in his best judgment and 
belief, the amounts of power that can be developed by the entire 
works proposed to be constructed in the location shown upon certain 
maps filed together herewith and marked "Exhibit — "; that the 
foregoing data are all the data available for said estimates; and 
that all of said data and no others were used in making said estimates. 



Engineer. 

Subscribed and sworn to before me, this day of , 19 — . 

[Seal.] , 

Notarii Public . 



46 THE USE BOOK. 

60i. 

United States Department of Agriculture, 
Forest Service. 

Form of certificate of applicant on estimates and data. 

I, , do hereby certify that I am the of the 

Company; that , who subscribed the accompanying affidavit, 

is the engineer of (or the person employed to collect the data and 
prepare the estimates of power by) said company; that the foregoing 
estimates have been approved by said company; and that, in 
accordance with the regulations of the Secretary of Agriculture, 
said estimates have been prepared to be filed as "Exhibit — " of 

an application of said company dated , 19 — , and bearing 

my signature as of said Company. 



[Seal of company.] 
Attest: 



of the Company. 



Secretary. 
Form 61. 



United States Department of Agriculture, 
Forest Service. 

., Water Power. 



(Name of Forest.) 

(Name of applicant.) 

(Use applied for.) 



(Date of priority of application.) 
Water-power stipulation. 

The Company, hereinafter called the permittee, a corpora- 
tion organized and existing under and by virtue of the laws of the 

State (or Territory) of • , and having its office and principal 

place of business at , in the State (or Territory) of , 

having on the day of , 19 — , filed with the District 

Forester at , an application, in accordance with the regula- 
tions of the Secretary of Agriculture, for a permit to occupy and use 

certain lands of the United States within the National Forest 

in the State (or Territory) of , and more particularly described 

in and shown by the maps and plans accompanying said application 



THE USE BOOK. 47 

and made a part thereof, upon which to constnict, maintain, and 
operate certain works described in said application for the purpose 
of storing, conducting, and, or, using water for generating electric 
energy, and for the purpose of transmitting said energy, does hereby, 
in consideration of and as a prerequisite to the approval of the said 
application and the granting of the permit applied for, stipulate and 
agree as follows, to wit: 

1 . To construct its works on the locations shown upon the maps and 
in accordance with the plans specifically described in its final appli- 
cation for a permit, filed with the District Forester at on 

the day of , 19 — , which said maps and plans are hereby 

made a part of this stipulation, and to make no material deviation 
from said locations or from said plans unless and until maps or plans 
showing such deviation shall have been filed with the District For- 
ester and approved by the Secretary of Agriculture. 

2. To file, within six (6) months after the completion of each part 
of the works as required in Clause 4 hereof, in the manner prescribed 
for original maps of location, maps showing the final location of such 
part of the works as constructed, if such final location varies from 
that shown upon maps originally filed or upon approved amend- 
ments thereof; and to file also within six (6) months of the comple- 
tion of each part of the works as aforesaid, in such manner as may be 
prescribed by the Secretary of Agriculture, detailed working plans 
of each part of the works as constructed, except of such parts as have 
been constructed in compliance with the plans originally filed or 
approved amendments thereof. 

3. ^ To begin the construction of the aforesaid works within the 
period of months from the date of the permit for which appli- 
cation has been made, and to secure which this stipulation is filed 
with the District Forester, and thereafter to diligently and continu- 
ously prosecute such construction unless such construction is tem- 
porarily interrupted by climatic conditions or by some special or 
peculiar cause beyond the control of the permittee. 

3. ^ To begin the construction of the following several parts of the 
aforesaid works within the several periods in this clause provided, 
which periods shall begin on the date of the permit for which appli- 
cation has been made, and to secure which this stipulation is filed 
with the District Forester, and thereafter to diligently and continu- 
ously prosecute such construction, unless such construction is tem- 

1 Use the first form of Clauses 3 and 4 when but one complete project is to be con- 
structed and it is inadvisable to separate it into two or more units of construction. 
When several distinct projects are involved, or where it may be desirable to divide 
a single project into two or more units of construction, use the second form of Clauses 
3 and 4. Cancel out form not used. 



48 THE USE BOOK. 

porarily interrupted by climatic conditions or by some special or 

peculiar cause beyond the control of the permittee: 

(1) Within months, Project A, consisting of , 

4. ^ To complete the construction and begin the operation of the 

aforesaid works within a period of months from the date of 

the permit for which application has been made and to secure which 

this stipulation is filed with the District Forester. 

4. ^ To complete the construction and begin the operation of the 
following several parts of the aforesaid works within the several 
periods in this clause provided, which periods shall begin on the date 
of the permit for which application has been made and to secure 
which this stipulation is filed with the District Forester: 

(1) Within months, Project A, consisting of . 

5. That it is understood that the term "construction of the works," 
as used in this stipulation, shall be deemed and taken to mean only 
the actual construction of dams, conduits, power houses, transmission 
lines, or some permanent structure necessary to the operation of the 
completed works; and shall not include surveys, or the building of 
roads or trails, or the clearing of lands, or the performance of any 
work preliminary to the actual construction of the permanent works. 

6. That it is understood that if at the date of the termination of 
any one of the periods specified in Clause 3 hereof, unless such period 
is extended by the written approval of the Secretary of Agriculture 
after a showing by the permittee satisfactory to the Secretary of Agri- 
culture, that such beginning of construction of that part of the works 
required to have been begun within such period has been prevented 
by the act of God or the public enemy, or by engineering diflSculties 
that could not reasonably have been foreseen, or by other special 
and peculiar cause beyond the control of the permittee, thereupon 
the permission to occupy and use the lands of the United States 
within a National Forest for all parts of said works, the construction 
of which has not been begun on said date, shall terminate and become 
void, and that the water-power permit, in so far as such parts of said 
works are concerned, shall become of no effect. 

7. That it is understood that the periods specified in Clause 4 
hereof fur the completion of construction and the beginning of opera- 
tion of the several parts of the works will be extended only upon the 
written approval of the Secretary of Agriculture after a showing by 
the permittee, satisfactory to the Secretary of Agriculture that the 
completion of construction and beginning of operation has been pre- 

1 Use the first form of Clauses 3 and 4 when but one complete project is to be con- 
structed and it is inadvisable to separate it into two or more units of construction. 
When several distinct projects are involved, or where it may be desirable to divide 
a single project into two or more units of construction, use the second form of Clauses 
3 and 4. Cancel out form not used. 



THE USE BOOK. 49 

vented by the act of God, or the public enemy, or by engineering 
difficulties that could not reasonably have been foreseen, or by other 
special and peculiar cause beyond the control of the permittee; and, 
if such extension be not approved, that thereupon the permission to 
occupy and use the lands of the United States within a National For- 
est for such parts of said works shall terminate and become void; 
and that th^ water-power permit, in so far only as such parts of said 
works are concerned, shall become of no effect. 

8. That, except when prevented by the act of God, or by the public 
enemy, or by unavoidable accidents or contingencies, the permittee 
will, after the beginning of operation, continuously operate for the 
generation of electric energy the works constructed, maintained and, 
or, operated, in whole or in part, under the aforesaid permit: unless 
upon a full and satisfactory showing of the reasons therefor this 
requirement shall be temporarily waived by the written consent of 
the Secretary of Agriculture. 

9. That any approval by the Secretary of Agriculture of any altera- 
tion or amendment, as hereinbefore provided, of any map or plan, 
or of any extension of time, shall affect only the matter specifically 
covered by such approval; and that no approval of any such altera- 
tion, amendment, or extension shall operate to alter or amend, or in 
any way whatsoever be a waiver of any other part, condition, or pro- 
vision of this stipulation. 

10. To pay annually in advance from the 1st day of January, 19 — , 

to the National Bank of (United States depositary), 

or such other Government depositary or ofBcer as may be hereafter 
legally designated, to be placed to the credit of the United States, a 
charge for the occupancy and use of the lands described and shown 
upon the maps hereinbefore referred to, v>'hich charge shall be based 
upon the value for power purposes of the lands of the United States, 
permission for the occupancy and use of which has been applied for, 
or will hereafter be applied for; and the measure of said value for 
said power purposes shall be deem.ed and taken to be the net power 
capacity of the works constructed, maintained, and, or, operated 
under said permit, as said net power capacity is hereinafter fixed or 
determined in Clause 12: It being understood that the term "gross 
power capacity," as used in this stipulation, shall be deemed and 
taken to mean the power capacity of the entire works to be con- 
structed, maintained, and, or, operated in whole or in part under the 
permit for which application is made: Provided, That the term 
"power capacity, " as used in this stipulation, shall be deemed and 
taken to mean estimated average annual station output in electrical 
horsepower, which under continuous operation with reasonable load 
factor is possible of development from all water available therefor 

7195G«— 11 4 



50 THE USE BOOK. 

falling through effective head, with deductions for reasonable me- 
chanical and electrical losses in generating machinery, and that the 
term "load factor, " as used in this stipulation, shall be deemed and 
taken to mean ratio of average output to maximum output; that the 
term "net power capacity," as used in this stipulation, shall be 
deemed and taken to mean the gross power capacity, as above de- 
fined, less the deductions hereinafter specifically set forth. 

11. That the gross power capacity of the entire works to be con- 
structed, maintained, and, or, operated, in whole or in part, under 
the aforesaid permit shall, for the purposes of this stipulation be 

deemed and taken to be electrical horsepower, of which 

amount the storage power of the reservoir or reservoirs, to be con- 
structed, maintained, and, or, operated, in whole or in part, under 
said permit shall, for the purpose of this stipulation, be deemed and 

taken to be • • electrical horsepower: It being understood that 

the term "storage power" as used in this stipulation shall be deemed 
and taken to mean that part of the aforesaid gross power capacity 
which is made possible of development by the us'fe of the aforesaid 
reservoir or reservoirs: It being further understood that if any altera- 
tions or amendments of the maps of location or plans of structures, 
as provided for in clauses 1 and 2 hereof, shall cause an increase or a 
decrease of the gross power capacity or of the storage power as here- 
inbefore taken, said increased or decreased gross power capacity and 
storage power shall, from the beginning of the calendar year next 
succeeding the date of the approval of said alterations or amend- 
ments, be deemed and taken to be, for the purposes of this stipula- 
tion, the gross power capacity of the works and the storage power of 
the reservoir or reservoirs, to be constructed, maintained, and, or, 
operated under said permit; and, It being further understood that 
if at any time not less than ten (10) years after the original or after 
the last preceding determination of the said gross power capacity, 
either the permittee or the Secretary of Agriculture, on the ground 
of the inaccuracy, insufficiency, or inapplicability of the data upon 
which said original or said last preceding determination of the said 
gross power capacity was made, shall apply for or give notice of review 
of said original or said last preceding determination, then and there- 
upon such review shall be taken by the said Secretary and a redeter- 
mination of the gross power capacity and of the storage power shall 
be made; and the said redetermined gross power capacity and the 
said redetermined storage power shall, for the purposes of this 
stipulation, and from the beginning of the next calendar year, be 
deemed and taken to be the gross power capacity of the works and 
the storage power of the reservoir or reservoirs, constructed, main- 
tained, and, or, operated, in whole or in part, under said permit. 



THE USE BOOK. 51 

12. That it is understood that in order to determine the net power 
capacity upon which the aforesaid charge shall be calculated, deduc- 
tions from the gross power capacity as hereinbefore taken or deter- 
mined will be made as follows: 

(a) An amount bearing approximately the same ratio to the storage 
l)Ower of the reservoir or reservoirs, to be constructed, maintained, 
and, or, operated under the aforesaid permit, as the area of unre- 
served lande and patented lands within the flood lines of such reser- 
voir or reservoirs bears to the total area within said flood lines, as of 
the beginning of each year; It being understood that the term "unre- 
served lands," as used in this stipulation, shall be deemed and 
taken to mean lands of the United States not reserved as a part of 
liny National Forest, and that this stipulation shall not affect such 
lands or restrict in any manner the right and duty of the United 
States to control the occupancy and use thereof through the depart- 
ment or office lawfully charged v/ith their custody or control; and 
It being further understood that the term "patented lands," as used 
in this stipulation, shall include all lands to which title has been 
perfected in persons, corporations. States, and Territories; also all 
lands outside the United States. 

(6) An amount bearing approximately the same ratio to the dif- 
ference between the aforesaid gross power capacity and the aforesaid 
storage power as the length of the conduit or conduits to be con- 
structed, maintained, and, or, operated, under said permit, upon 
unreserved lands and upon patented lands, bears to the total length, 
from intake to power house, of the said conduit or conduits, as of the 
beginning of each year; It being understood that the word "conduit," 
as used in this stipulation, shall include ditches, canals, flumes, pipe 
lines, and all other means for the conveyance of a flow of water. 

(c) From the gross power capacity remaining after the said deduc- 
tions (a) and (6) have been made will be made a further deduction, 
which deduction, in per cent, will be calculated by multiplying the 
square of the distance of primary transmission in miles by the con- 
stant factor 0.001; It being understood that in no case will deduction 
(c) exceed twenty-five (25)* per cent, and that the net power capacity 
resulting from said deductions from the aforesaid gross power capacity 
shall be deemed and taken to be, as of the beginning of each year, 
the net power capacity upon which the aforesaid charge shall be 
calculated. 

13. That it is understood that if any part of the electric energy 
generated by the works constructed either in whole or in part under 
the aforesaid permit is used by the permittee itself in the operation 
of its own mines or in the milling or reduction of ores therefrom, or 
as auxiliary to irrigation works owned and operated by the permittee, 



52 THE USE BOOK. 

or for such other miscellaneous uses as may be determined by the 
Secretary of Agriculture to fall within "noncommercial" use, the 
aforesaid net power capacity upon which the aforesaid charge for 
any year is to be calculated shall, before such calculation, be reduced 
by an amount bearing approximately the same ratio to the aforesaid 
net power capacity as the amount of electric energy generated by 
the said works and used for the purposes in this clause above named 
during the last preceding year bears to the total amount of energy 
generated by the said works during the said last preceding year. 

14. That the rates at which the aforesaid charge shall be calculated 
shall be the following amounts per net electrical horsepower per 
annum: 

For the first year $0. 10 

For the second year 0. 20 

For the third year 0. 30 

For the fourth year 0. 40 

For the fifth year 0. 50 

For the sixth year 0. 60 

For the seventh year 0. 70 

For the eighth year 0. 80 

For the ninth year 0. 90 

For the tenth and each succeeding year 1. 00 

15. That it is understood that if the permittee completes the con- 
struction and begins the operation of the several parts of the aforesaid 
works within the periods provided for in Clause 4 hereof, or any 
approved extensions thereof, thereupon all charges for the occupancy 
and use of the lands for the said works so completed and operated 
which may have been paid prior to the date of the termination of 
such periods, or any extensions thereof, will be credited to the per- 
mittee and will be applied to the payment of charges due at the 
termination of such periods or any extensions thereof, or to become 
due thereafter, and the rate of ten (10) cents per net electrical horse- 
power per annum will apply from the date of the termination of the 
{>?riod or periods for the completion of construction and the beginning 
of operation specified in ( Uause 4 of this stipulation, or any-approved 
extension thereof, and shall increase by ten (10) cents per net elec- 
trical horsepower per annum for each year thereafter until a rate of 
one dollar ($1.00) per net electrical horsepower per annum is reached, 
and will then remain at the rate of one dollar ($1.00) per net electrical 
horsepower per annum until the expiration of the aforesaid permit. 

16. That it is understood that if any part of the aforesaid charge, 
payable as hereinbefore provided, shall, after due notice has been 
given, be in arrears for six (6) months, then and thereupon the said 



THE USE BOOK. 53 

permit to occupy and use the lands of the United States covered by 
yaid permit within a National Forest shall terminate and be void. 

17. That the decision of the Secretary of Agriculture shall be final 
as to all matters of fact upon which the gross pov/er capacity of the 
works and the .storage power of the reservoir or reservoirs, con- 
structed or to be constructed, maintained and, or, operated, in 
whole or in part, under the aforesaid permit, and the net power 
capacity of the aforesaid works for any year, depend. 

18. To install and maintain in good operating condition, free of 
all expense to the United States, accurate measuring weirs, gauges, 
and, or, other devices approved by the Secretary of Agriculture or 
his authorized representative, adequate for the determination of the 
natural flow of the stream or streams from which water is diverted 
for the operation of said works, and of the amount of water used 
from the natural flow in the operation of said works, and of the 
amounts of water held in and drawn from storage, and to keep 
accurate and sufficient records, to the satisfaction of the Secretary 
of Agriculture, or his authorized representative, of the above-named 
measurements. 

19. That the books and records of the permittee, in so far as they 
show the amount of electric energy generated by the works con- 
structed, maintained, and, or, operated, in whole or in part, under 
the aforesaid permit, or the amounts of water held in or used from 
storage, or the stream flow, or any other data of the watershed fur- 
nishing the water used in the generation of said energy, shall be 
open at all times to the inspection and examination of the Secre- 
tary of Agriculture, or his duly authorized representative, and the 
permittee will, during January of each year, unless the time thereof 
is extended by the written consent of the Secretary of Agriculture, 
make a return to said Secretary, certified under oath, in such form 
as may be prescribed by the said Secretary, of such of the records of 
measurements' made by or in the possession of the permittee, as 
may be required by the said Secretary, concerning the matters in 
this clause above named, and for the year ending on Decembci- 
thirty-first preceding. 

20. That the works constructed, or to be constructed, maintained, 
and, or, operated under the aforesaid permit, will not be owned, leased, 
trusteed, possessed, or controlled by any device, permanently, tem- 
porarily, du'ectly or indirectly, tacitly, or in any manner whatsoever 
so that they form a part of, or in any way effect, any combination, or 
are in any wise controlled by any combination, in the form of an 
unlawful trust, or form the subject of any contract or conspiracy to 
limit the output of electric energy, or in restraint of trade with foreign 
nations or between two or more States or Territories or within any 



54 THE USE BOOK. 

one State or Territory in the generation, sale, or distribution of 
electric eneroy. 

21. That the aforesaid permit shall be subject to all prior valid 
claims and permits which are not subject to the occupancy and use 
authorized by said permit. 

22. To protect all Forest Service and other telephone lines at cross- 
ings of and at all places of proximity to the transmission line in a 
standard manner and satisfactory to the Forest officers, and to main- 
tain the line in such a manner as to prevent injury to stock grazing 
on the Forest. 

23. To clear and keep clear the land along the transmission line 
for such width and in such manner as the Forest officers may direct. 

t 24. To dispose of all brush and other refuse resulting from the 
necessary clearing of or cutting of timber on the lands occupied and, 
or, used under the permission applied for, as may be required by the 
Forest officer in charge. 

25. To build and repair roads and trails as required by the Forest 
officer, or other duly nuthorized officer or agent of the United States, 
whenever any roads or trails are destroyed or injured by the construc- 
tion work or flooding under the permission ajiplied for, and to build 
and maintain suitable crossings as required by the Forest officer, or 
other duly authorized officer or agent of the United States, for all 
roads and trails which intersect the conduit, if any, constructed, 
maintained, and, or, operated on the lands the occupancy and use of 
which have been applied for and to secure which this stipulation is 
filed with the District Forester. 

20. To pay in advance, as required by the District Forester, to the 
United States depositary or officer, as above set forth in clause 10 
hereof, to be placed to the credit of the United States, the full value 
of all merchantable, live and dead timber cut, injured, or destroyed 
in the construction of said works, title to which at the time of said cut- 
ting, injury, or destruction is in the United States; such full value to 
be deemed and taken to be the amount of timber fixed by the District 
Forester according to the scale, count, or estimate of the Forest officer 
or other agent of the United States, in charge of said scnle, count, or 
estimate, at a price which shall be the prevailing stumpage price for 
similar material on the said National Forest at the time of said cutting, 
injury, or destruction. 

27. To pay, on demand of the District Forester, or other duly 
authorized officer or agent of the United States, to the United States 
depositary or officer, as above set forth in Clause 10 hereof, to be 
placed to the credit of the United States, full value as fixed by 
such District Forester or other duly authorized officer or agent, for 
all damage to the National Forests resulting from the breaking of, 



THE USE BOOK. 55 

or the ovei-flowing, leaking, or seeping of water from the works 
constructed, maintained, and, or, operated under the permission 
applied for, and for all other damage to the National Forests caused 
by the neglect of the permittee or that of its employees, contractors, 
or employees of contractors. 

28. To sell electric energy to the United States, when requested, 
at as low a rate as is given to any other purchaser for a like use at 
the same time: Provided, That the permittee can furnish the same 
to the United States without diminishing the measured quantity 
of energy sold before such request to any other consumer by a 
binding contract of sale: And provided further, That nothing in this 
clause shall be construed to require the permittee to increase its 
permanent works or to install additional generating machinery. 

29. To do all reasonably within its power and to require of its 
employees, contractors, and employees of contractors to do all rea- 
sonably within their power both independently and upon the 
request of the Forest officers, to prevent and suppress forest fires 
upon and near the lands to be occupied under permit. 

In witness whereof the permittee has executed this stipulation on 

the day of , 19—. 

[Seal.] , 

Attest: ^>' " • 



Secretary. 

Acknowledgment. 
State of , County of , ss; 

On this day of , 19 — , before me, a notary public in 

and for said county, duly commissioned and sworn, my commission 

expiring , 19 — . personally came to me personally 

known, who being by me duly sworn, did depose and say that he 

resides in ; that he is the of the Company; that 

said company is the corporation which is described in and which 
executed the foregoing instrument; that he know^s the seal of said 
corporation ; that the seal affixed to such instrument is such corporate 
seal; that it was so affixed by order of the board of directors of said 
corporation, and that he signed his name thereto by like order; and 

the said acknowledged said instrument to be the free act and 

deed of said corporation. 

Witness my hand and official seal the day and year first above 
written. 



[Notarial Seal.] ^^^«''^ ^^^^'^- 



56 THE USE BOOK. 

FoKM Ola. 

United States Department of Agriculture. 
Forest Service. 

Certification of receipt of stipulation. 

The within stipulation for the construction, maintenance, and 
operation of water-power works on lands of the United States within 

the National Forest, executed by , on the day 

of , 19 — , was filed with me at . this day of 

■ , 19—. 



District Forester. 
Form 62. 

United States Department of Agriculture, 
Office of the Secretary. 

Water Power. 

(Name of Forest.) 



(Name of applicant.) 

(Use applied for.) (Date of priority of application.) 

Final water-power permit. 

Whereas the Company, hereinafter called the permittee, 

by authority of a resolution of its board of directors, adopted on the 

day of — , 19 — , filed with the District Forester at , 

on the day of , 19 — , in accordance with the regulations 

of the Secretary of Agriculture under the act of February 15, 1901, 
an application for permission to occupy and use, for the generation, 
distribution, and transmission of electric energy certain lands of the 

United States within the National Forest, in the State (or 

Territory) of , and more particularly described and shown by 

the maps, field notes, plans, estimates and data accompanying the 
said application ; 

Whereas the aforesaid maps and plans, as hereinafter specifically 
set forth, have been adopted by the permittee as the maps of the 
approximate final location and as the approximate plans of the works 
which the permittee proposes to construct under this permit; and 

Whereas the permittee has paid to the National Bank of 

(United States depositary), to be placed to the credit of the 

United States, the sum of dollars {$ ); and 

Vvhereas the permittee on the day of , 19 — , exe- 
cuted, and on the — day of , 19 — ,Viled with the District 

Forester at a stipulation required by the Secretary of Agri- 

eulture as a condition to the issuance of this permit; 



THE USE BOOK. 57 

Now, therefore, I, , Secretary of Agriculture of the United 

States, in accordance with the authority conferred upon me by the 
act of February 15, 1901, do authorize the permittee to occupy and 
use the lands hereinbefore referred to, subject to the regulations of 
the Secretary of Agriculture and to the provisions hereinafter set 
forth, for the construction, maintenance, and, or, operation thereon, 
for the purposes in Clause 1 below set forth, of the following works: 

(Cancel such of the four following items (a), (6), (c), and (d) as 
may not be applicable.) 

(a) dams approximately 

(Masonry, earth, etc., diverting or storage.) 

feet in maximum height, and approximately feet in 

maximum length, to occupy approximately acres, respec- 
tively, and to form reservoirs to flood approximately 



acres at extreme flood level and approximalely acres at 

spillway level, respectively; ^ in section , township , 

range , meridian, of which total of acres approxi- 
mately acres are National Forest land; said dams and said 

reservoirs being designated respectively as follows: 

(b) conduits, approximately miles in length,' 

respectively,^ crossing sections township , range , 

meridian, of which total of miles, approximately- 



miles will lie upon National Forest land ; said conduits being desig- 
nated, respectively, as follows: 

(c) ■ power houses and appurtenant structures to occupy 

approximately acres, respectively,^ in section , town- 
ship , range , meridian, of which total of 

acres approximately acres are National Forest land; said 

power houses being designated, respectively^ as follows: . 

{d) transmission lines miles m length, respectively,^ 

crossing section — — , township , range , me- 
ridian, of which total of miles approximately miles will 

cross National Forest land; said transmission lines being designated, 
respectively, as follows: . 

All as approximately shown upon certain maps and plans executed 

by , on the day of , 19 — , and designated as 

follows: (Designate each original of map or plan as "Exhibit 

A," "Exhibit B," etc., following each such designation by the 
title of the map or plan, as "Exhibit A," Map of Location of, etc.; 

1 If land is unsurveyed substitute for the description by legal subdivisions in 
paragraphs (a), (b), (c), and (d) the following: "Located on certain lands described 
and shown by the maps and field notes accompanying the application filed with 
the District Forester on the day of , 19—." 



58 THE USE BOOK. 

*' Exhibit — ," Plan of, etc.), which maps and plans are hereby made 
a part of this permit. 

Clause 1. The works to be constructed and, or, operated under this 
permit shall be constructed, maintained, and, or, operated for the pur- 
pose of storing, conducting, and, or, using water for the generation of 
electric energy and for the purpose of the transmission of said energy. 

Clause 2. Unless sooner revoked by the Secretary o^ Agriculture, 
this permit shall terminate and become void at the expiration of 
fifty (50) years from the date hereof, and at said expiration may be 
deemed to be an application by the permittee for a new permit to 
occupy and use such lands as are occupied and used under this 
permit: Provided, That the permittee shall, not less than two or 
more than four years prior to the termination of said fifty (50) years, 
formally notify the Secretary of Agriculture that it desires such new 
permit, and shall comply with all laws and regulations at such time 
existing regulating the cocupancy and use for vv-ater-power purpose 
of lands of the United States within National Forests. 

Clause 3. Upon the presentation to the Secretary of Agriculture 
of certified copies of sale, lease, assignment, execution of judgment, 
or other form of transfer of the properties or other rights of the per- 
mittee in and to the works constructed under this permit and of the 
water or other rights necessary to the enjoyment of the use of 
the said works, the said Secretary may, in his discretion, upon the 
formal surrender of this permit, and the filing of a stipulation satis- 
factory to the said Secretary by the purchasers, transferees, execu- 
tors, successors, lessees, or assigns of the permittee, issue a new 
permit to such purchasers, transferees, executors, successors, lessees, 
or assigns, authorizing him, it, or them to occupy and use the afore- 
said lands of the United States for the purposes specified in this 
permit and in the stipulation to be filed as aforesaid, and for the 
unexpired term of this permit. 

Clause 4. The works constructed under this permit, excepting 
reservoirs, dams, and operating mechanism, and conduits and 
operating mechanism, may be removed by the permittee at any 
time during the life of this permit, and may be removed by the 
permittee, or by its successors in interest under Clause 3 hereof, 
after the termination of the permit if within one year of the date of 
said termination notice in wTiting of intention to remove within a 
reasonable time is filed with the Forest Supervisor. 

Clause 5. This permit is nontransferable. 

In witness whereof I have hereunto set my name this day 

of , 19—. 



Secretary of Agriculture. 



THE USE BOOK. 59 

Form 63. 

United States Department of Agriculture, 
Forest Service. 

Water Power. 

(Name of Forest.) 

(Name of applicant.) 

Transmission Line. 

(Date of application.) 

Transmission line permit. 
This transmission line permit issued this day of 



19 — , to the Company, hereinafter called the permittee, 

a corporation organized and existing under and by virtue of the laws 

of the State (or Territory) of , and having its office and principal 

place of business at , in the State (or Territory) of , wit- 

nesseth that, 

Whereas, the permittee filed with the Supervisor of the 

National Forest at on the day of , 19 — , an appli- 
cation for permission to occupy and use certain lands of the United 

States within the National Forest, in the State (or Territory) 

of— -; 

And whereas, the permittee on the day of , 19 — , paid 

to the National Bank of (United States depositary) to 

be placed to the credit of the United States, the sum of 

dollars ($— ) as one year's charge in advance from the date of the 

issuance of this permit: 

Now, therefore, the conditions of this permit are as follows: 

Clause 1. Permission is hereby granted to the permittee to con- 
struct and maintain a transmission line miles in length, 

within the boundaries of the National Forest, and crossing 

section , township -, range , meridian 

whereof approximately — — — miles will cross National Forest land, 
such location being as shown on a certain tracing accompanying the 

application for this permit, which tracing was executed by 

on the day of , 19 — , and which tracing is hereby made 

a part of this permit; and said permission being subject to all regula- 
tions of the Secretary of Agriculture governing National Forests and 
to the specific provisions and considerations hereinafter set forth. 

Clause 2. The permittee shall pay to the National Bank 

of (United States depositary) or such other Government de- 
positary or ofiicer as may hereafter be legally designated, to be placed 
to the credit of the United States, a charge annually in advance 



60 THE USE BOOK. 

from January 1, 19 — , of dollars ($ ) being at the approx- 
imate rate of five dollars ($5.00) per mile per annum. 

Clause 3. If any part of the aforesaid charge, payable as afore- 
said, shall, after due notice has been given, be in arrears for six (6) 
months, then and thereupon this permit shall terminate and become 
void and be of no effect. 

Clause 4. The permittee shall pay in advance, as required by 
the District Forester, to the United States depositary or officer as 
aforesaid, to be placed to the credit of the United States, the full 
value of all merchantable, live and dead timber cut, injured, or 
destroyed in the construction of said transmission line, title to 
which, at the time of said cutting, injury, or destruction, is in the 
United States; such full value to be deemed and taken to be the 
amount of timber fixed by the District Forester according to 
the scale, count, or estimate of the Forest officer or other agent of 
the United States in charge of said scale, count, or estimate, at a 
price which shall be the prevailing stumpage price for similar mate- 
rial on the said National Forest at the time of said cutting, injury, 
or destruction. 

Clause 5. The permittee shall begin bona fide construction within 

months and complete within months from date of 

execution of this permit. 

Clause 6. The permittee shall clear and keep clear the land along 
the transmission line for such width and in such manner as the 
Forest officers may direct. 

Clause 7. The permittee shall protect all Forest Service and 
other telephone lines at crossings of and at all places of proximity 
to the transmission line in a standard manner and satisfactory to 
the Forest officers and shall maintain the line in such manner as to 
prevent injury to stock grazing in the Forest. 

Clause 8. The permittee shall do all reasonably within its power, 
and require of its employees, contractors, and employees of con- 
tractors to do all reasonably within their power, both independently 
and upon the request of the Forest officers, to prevent and suppress 
forest fires upon and near the lands to be occupied under permit. 

Clause 9. This permit is uott transferable and is subject to all 
prior valid claims or permits which are not subject to the occupancy 
hereby permitted. 

In witness whereof I have hereunto set mv hand this day 

of , 19—. 



District Fjr ester. 



THE USE BOOK. 61 

INSTRUCTIONS TO FOREST OFFICERS. 

All applications for authority to occupy and use 
National Forest lands for the purpose of developing 
water power will be filed with the District Forester of 
the District in which the power is to be developed. 

Applications filed in error in the Forester's or Super- 
visor's office will be forwarded to the District Forester 
concerned. 

PRELIMINARY APPLICATIONS AND PERMITS. 

If an applicant desires to secure priority for its appli- 
cation during a time sufficient for the preparation of 
the maps, plans, and other data required to be filed 
with an application for a final water-power permit, it 
may do so by filing an application for a preliminar}^ 
permit. (See Regulation L-9 and Form 58.) 

The preliminary permit will be granted for a definite 
limited period, which will vary according to the circum- 
stances of the particular case, and will be only long 
enough to give a reasonable time for the preparation of 
a final application as prescribed in the regulations. 

In general, such period will not exceed two years. 
If a longer time than this is applied for and approved 
in any case, a special report will be made by the District 
Engineer showing the necessity for the longer period, 
which report will be submitted with the other papers 
in the case. 

Whenever the time prescribed by the State statutes 
within which construction must begin in order to 



62 THE USE BOOK. 

maintain water rights is insufficient to enable the appli- 
cant to prepare a final application before beginning 
construction, a clause may be inserted in the prelimi- 
nary permit allowing construction to proceed to an 
extent sufficient to permit compliance with the State 
law. Only in exceptional cases will a clause be inserted 
allowing construction in advance of final application 
and permit for any other reason than to permit com- 
pliance with the State law, and when inserted for any 
other reason the necessity for it must be fully explained 
in the recommendation of the District Forester. 

No extension will be granted except upon the written 
approval of the Secretary of Agriculture after a satis- 
factory showing by the permittee of the reasons for such 
extension, and after a report has been submitted by 
the District Forester. 

To prevent speculative holding of sites under pre- 
liminary permits and to secure the presentation of the 
final application within the time named in the prelimi- 
nary permit, an annual charge will be made during the 
term of the preliminary permit. The charge will be 
calculated on the basis of the estimated net capacity 
of the proposed works and at the rates prescribed in 
Regulation L-7. If the final application is filed in 
accordance with the terms of the preliminary permit, 
the pa3^ments made under the preliminary permit will 
be credited upon payments due or to become due under 
the final permit. 

The lines shown on the maps accompanying the 
final application will not be required to follow without 



THE USE BOOK. 63 

change the Unes as shown on the map accompanying 
the prehmmary appHcation, and the position and ar- 
rangement of conduits and power houses as shown upon 
the map accompanying the prehminary apphcation 
may be changed, if the detailed surveys preceding the 
final application show such change to be desirable, but 
priority from the date of filing of the preliminary appli- 
cation will be allowed for only so much of the projects 
shown in the application for final water-power permit 
as is within the approximate limits of diversion and 
discharge as shown in the application for the prelimi- 
nary water-power permit. (Regulation L-3.) 

Upon the failure of the permittee to comply with the 
terms of a preliminary permit, the District Forester 
will immediately submit to the Forester a letter pre- 
pared for the signature of the Secretary of Agriculture 
to the permittee giving him notice that the permit has 
terminated and that the priority has been lost. If a 
preliminary permit is thus terminated, no other appli- 
cation for a permit covering the same or adjacent lands 
will be received from the same applicant for a period 
of one year subsequent to the termination of the pre- 
liminary permit. 

Upon receipt of an application for the use of an area 
which is in whole or in part included in an existing 
permit previously issued, the District Forester will 
return the application to the applicant and will inform 
him fully of the existing permit and of the extent to 
which his application is in conflict therewith. The 
applicant may then amend his application to avoid 



64 THE USE BOOK. 

such conflict, or may renew his apphcation when at the 
termination of the existing permit the priority of apph- 
cation has been lost by the prior apphcant. 

The date upon which priority of apphcation is estab- 
hshed shall be the date of the filing in the Office of the 
District Forester of the last map or paper necessary to 
constitute a complete application as required by Regu- 
lation L-9. If the application is received by mail, the 
envelope which contained the application shall be 
attached to and filed with the other papers. The date 
and hour of the receipt of a preliminary application wall 
be inserted in the space provided on tlie form, and will 
be certified by the signature of the District Forester. 
Upon the receipt of preliminary applications with their 
accompanying maps and papers, the District Engineer 
will examine them in the order of their receipt, as 
certified by the District Forester, with a view of 
determining whether the application is complete as 
required by the regulation. If complete, the District 
Engineer will certify to the fact in the space provided 
on the form. If incomplete or insufficient, the Dis- 
trict Engineer will prepare for the signature of the 
District Forester a letter to the applicant returning 
the application and its accompanying papers, with a 
detailed statement of the incompleteness or insuffi- 
ciency-. A carbon copy of this letter certified by the 
signature of the District Engineer wall be attached to 
and filed with the papers in the case. Upon the return 
of the amended papers the date and hour of their re- 
ceipt wall be certified by the District Forester in the 



THE USE BOOK. 65 

same inaiiner as when lii<\y were originally received. 
Upon the receipt of the amended papers tiie District 
Engineer will examine them, and if found complete as 
required by the regulation, he will certify the fact in 
the space' provided on the form. 

After certifying that the application is complete as 
prescribed by the regulation, the District Engineer 
will examine the maps and estimates, using such addi- 
tional data as he may be able to secure, will determine 
the approximate net capacity of the works to be con- 
structed, and will submit a report and recommendations 
in triplicate to the District Forester. A field examina- 
tion by the District Engineer will be made only when 
required by the District Forester. 

Upon receiving the District Engineer's report, the 
District Forester will prepare five copies of permit on 
Form 59. If the application is approved by the Dis- 
trict Forester and the District Engineer, they will 
initial the permit. The District Forester will send 
the Chief Engineer a copy of the complete application, 
except the certificate of water appropriation, the 
original map on tracing linen, one copy of the District 
Engineer's report, the original, and one copy of the 
permit, and the correspondence file. 

The Chief Engineer will examine all the papers 
received from the District Forester, and if he approves 
the application, he Avill initial the original permit and 
return it with the original map on tracing linen and the 
correspondence file to the District Forester. If he 
71956«— 11 5 



66 THE USE BOOK. 

does not approve the application, he will return the 
original permit without initial and with a letter to the 
District Forester explaining in detail his reasons for 
not approving. 

Upon the return of the permit from the Chief Engi- 
neer, if approved, the District Forester will prepare a 
letter of transmittal (Form 861) in triplicate, stating 
the amount of the charge. The original will be sent 
to the applicant, and upon receipt of notice from the 
District Fiscal Agent that deposit has been made the 
District Forester will forward to the Forester one copy 
of the complete application, one copy of the report of 
the District Engineer, the original, and one copy of the 
permit, and the correspondence file. 

When the original permit has been signed by the 
Secretary, the Forester will retain one copy of the per- 
mit and one print map of location and return all the 
other papers in the case to the District Forester. 

Before transmitting the original permit to the per- 
mittee the District Forester will inform the Chief Engi- 
neer by letter of the dates of signing and the signature 
on the permit. He will also send the Supervisor a 
copy of the permit, a copy of the complete application, 
except the certificate of water appropriation, a copy 
of the report of the District Engineer, and a copy of 
the letter of transmittal (Form 861), with an indorse- 
ment thereon of the receipt of the first payment. 



THE USE BOOK. 67 

FINAL APPLICATIONS AND PERMITS. 

If, in accordance with the terms of a preliminary per- 
mit a final appHcation is filed in the form prescribed by 
Regulation L-10 (Application Form 60, Affidavits and 
Certificates 64 to 71), such final application shall, with 
reference to the priority of application, relate back and 
be effective as of the date of the preliminary applica- 
tion. The date upon which priorit}^ of application is 
either maintained in accordance with a preliminary per- 
mit or established by final application in the absence 
of a preliminary permit shall be the date of the filim^ 
in the Office of the District Forester of the last map or 
paper necessary to constitute a complete application 
as prescribed in the regulation. If the ffiial applica- 
tion is received by mail, the envelope will be attached 
to and filed with the other papers. The date and hour 
of the receipt of an application will be inserted in the 
space provided on Form 60a, and will be certified by 
the signature of the District Forester. Applications 
will be examined by the District Engineer in the order 
of their receipt as certified by the District Forester. 
The application and its accompanying papers, especially 
the plans of structures, estimates, and data, will be care- 
fully examined with a view to determine whether they 
are in complete and proper form and contain all the 
information required by the regulation. If complete, 
the District Engineer will certify to the fact in the space 
provided on the form. 



68 THE USE BOOK. 

If any of the papers required by the regulation are 
incomplete or insufficient, the District Engineer will 
prepare for the signature of the District Forester a 
letter to the applicant returning the application and 
its accompanying papers with a statement of its incom- 
pleteness or insufficiency. A carbon copy of this letter 
certified by the signature of the District Engineer will 
be attached to and filed with the papers in the case. 
Upon the return of the amended papers the date and 
hour of their receipt will be certified by the District 
Forester in the same manner as when they were origi- 
nally received. They will be reexamined by the Dis- 
trict Engineer and if found complete as required by 
the regulation he will certify the fact in the space pro- 
vided on the form. 

Upon the receipt of an application for the use of an 
area which is in whole or in part included in an 
existing permit previously issued, the District Forester 
will return the application to the applicant and will 
inform him fully of the existing permit and of the 
extent to which his application is in conflict therewith. 
The applicant may then amend his application to avoid 
such conflict, or may renew his application should the 
priority of application be lost by the prior applicant. 

Wien the District Engineer has certified that the 
application is complete as required by the regulation, 
the District Forester, after making such additional 
prints of maps and plans as may be necessary, will 
forward a copy of the complete application, except the 
certificates of water appropriation and of ince-rporation, 



THE USE BOOK. 69 

to the ('hief Engineer, and will also forward to the Forest 
Supervisor two print maps of location, a copy of the notes 
of survey, and such other papers as may be necessary. 
If the application was not accompanied by a certificate 
from the Supervising Engineer of the Reclamation 
Service that the occupancy and use of the lands applied 
for will not interfere with any project of the Reclama- 
tion Service, the District Forester will forward a print 
of the map of location to the Supervising Engineer 
concerned and request him to state whether the occu- 
pancy of the land for water-power purposes will inter- 
fere with any project of the Reclamation Service. 

Upon the receipt of the maps and other papers the 
Supervisor will forward a print of the map of location 
to the Ranger, will cause an immediate examination 
to be made for the purpose of estimating the amount 
of timber to be cut or destroyed, and will report to 
the District Forester on Form 578b. Reports on Form 
964 will be required in water-power cases only where 
no examination and report by a District Engineer will 
be made. 

Upon the receipt of a complete application the Dis- 
trict Engineer will make such field examination of the 
project as may be necessary and collect ail information 
and data bearing upon the case that may be available. 
If practicable, this examination v/ill be made at the 
same time as the Supervisor's. Onl}" in exceptional 
instances when the District Engineer is thoroughly 
familiar v,ith the project will the field examination be 
omitted. In this examination the District Engineer 



70 THE USE BOOK. 

will determine whether in his judgment the project as 
applied for will make a reasonably full development of 
the power available at the locations covered by the 
application. 

After the completion of the examination and the 
collection of the data, the District Engineer will submit 
a report in triplicate to the District Forester. The 
report will describe the project in detail, with its rela- 
tion to other projects of the same or allied or com- 
peting companies; state whether the project compre- 
hends a full development of the available power; 
describe the market for the powder and the general 
market conditions in the District so far as such infor- 
mation is available, and the relation of the power devel- 
opment to other interests, particularly agricultural. 
The report should present detailed estimates of the 
amount of power that will probably be developed and 
the complete data upon which such estimates are based. 
The report should designate the several items necessary 
for filling the blanks of the stipulation and permit, a 
recommendation of the gross power capacity to be 
inserted in the stipulation, and such other recommen- 
dations as may seem desirable. 

Under Regulation L-6 the term "construction of the 
works" excludes all such preliminary work as surveys, 
road and trail building, clearing of land, etc. It will 
therefore be necessary, in inserting the lengths of 
periods in Clause 3 of the stipulation, to allow a time 
before construction must begin reasonably sufficient 
for the completion of all necessary preliminar}^ work. 



THE USE BOOK. 71 

It will be advisable, in general, to confer with the 
applicant before fixing the time limits, with the view 
of agreeing upon such limits as will be satisfactory to 
the applicant while at the same time properly protecting 
the public interests. 

Clauses 3 and 4 of the water-power stipulation have 
been drawn for the purpose of allowing permittees to 
make progressive developments of two or more pro- 
jects upon the same stream or watershed if they so 
desire. Each division of the works as taken in these 
clauses should in general constitute a complete operat- 
ing unit. But where, for example, it may be the appli- 
cant's intention to construct several storage reser- 
voirs not directly connected with the conduits, each 
reservoir may be, and in general should be, taken as a 
distinct division of the works. Conduits and the 
diverting dams and power houses connected therewith 
should never be separated. 

Particular care should be exercised in the determina- 
tion of the power capacity of the works. All the 
available data should be secured and where storage 
is to be used, some graphical method, as that of Rippl 
or Hill, should be employed. (See Mead's Water 
Power Engineering.) The District Engineer should 
review carefully the estimates presented by the appli- 
cant and compare the same with his own independent 
estimates. The gross power capacity as finally deter- 
mined should represent that extent of development 
which good business judgment would warrant, if a ready 



72 THE USE BOOK. 

market were available for all the power. Full consider- 
ation of tiie fact that such market may not be available 
at the outset is taken by the provision of ver}^ low 
rates in the earlier years, gradually increasing with the 
probable increase of market until the tenth year after 
the beginning of operation, when the full rate is charged. 

From the fact that probably, in many instances, the 
data for the original calculations will be meager, pro- 
vision is made in Kegulation L-S for a redetermination 
of the power capacity by 10-year intervals to admit 
of utilizing more complete data and to allow for pos- 
sible change of conditions. 

Upon receiving the District Engineer's report the 
District Forester will prepare five copies of the stipula- 
tion on Form 61 and five copies of the permit on Form 
62. If the application is approved by the District 
Engineer and the District Forester, they will initial the 
original copies of the stipulation and the permit. The 
District Forester will send the Chief Engineer one 
copy of the District Engineer's report, the original 
maps and plans on tracing linen, the correspondence 
file, the letter from the Supervising Engineer of the 
Reclamation Service and the original, and one copy 
of the stipulation and of the permit. 

If, because of field conditions or other reasons, the 
Supervisor has been unable to make his report on timber 
(Form 578b) by the time the other papers are ready for 
transmittal, the case should not be delayed on that 
account, but be forwarded immediately, and the Form 
578b submitted later. 



THE USE BOOK. 73 

The Chief Engineer will examine the papers received 
from the District Forester, together with the matter 
submitted in the application. He wdll return to the 
District Forester the original maps and plans on trac- 
ing lineli, the correspondence file, the letter of the 
Supervising Engineer of tlie Reclamation Service, and 
the original copies of the stipulation and the permit. 
If he concurs in the recommendations of the District 
Forester and the District Engineer, he will initial the 
original copies of the stipulation and the permit. If 
he does not concur, he will return them without his 
initial and with a letter to the District Forester ex- 
plaining liis reasons for not concurring. 

Tlie District Forester will send the applicant two 
copies of the stipulation, and, when necessary, a form 
(319) for corporate officer's authority, with the request 
that one copy of the stipulation be duly executed and 
returned to him. He will at the same time inform the 
applicant that any priority established under his appli- 
cation will be lost if the stipulation is not executed 
and returned within 90 days from the time it is mailed 
to the applicant, unless such time is extended by the 
written authority of the Secretary of Agriculture. 
The District Forester will also send with the stipula- 
tion a statement, on Form 861, of the amount of the 
first year's advance payment, provided a sufficient 
deposit has not already been made in connection with 
a preliminary permit. 

After the duly executed stipulation has been returned 
and has been initialed bv the Assistant to the Solicitor, 



74 THE USE BOOK. 

and after notice of payment is received the District 
Forester will submit to the Forester one copy of the 
complete application, one copy of the report of the 
District Engineer, the original and one copy of the 
stipulation, the original and one copy of the permit, 
the correspondence file and the letter of the Supervising 
Engineer of the United States Reclamation Service. 
If any material changes are made in the stipulation 
and permit after they have been returned to the Dis- 
trict Forester by the Chief Engineer, all papers in the 
case will be resubmitted to the Chief Engineer before 
being finally submitted by the District Forester to the 
Forester. 

Upon receipt of the complete papers in the case the 
Forester will submit them with his recommendation to 
the Secretary of Agriculture. When the permit has 
been signed by the Secretary the Forester will retain 
one copy of the permit, one copy of the stipulation, and 
one print • map of location, and return all the other 
papers in the case, including the signed original permit, 
to the District Forester. 

Upon transmitting the original permit to the per- 
mittee the District Forester will inform the Chief 
Engineer by letter of the dates of signing and the signa- 
tures on the stipulation and permit. He will also send 
the Supervisor a copy of the complete application, 
except the certificates of water appropriation and of 
incorporation, and except the print map of location 
and the copy of the field notes which have been pre- 
viously sent, a copy of the report of the District Engi- 



THE USE BOOK. 75 

neer, one copy of the stipulation, one copy of the per- 
mit, and a copy of the letter of transmittal (Form 
861), with an indorsement thereon of the payments 
made. 

All recommendations by the District Forester for can- 
cellation of permit, either in whole or in part, shall be 
accompanied by a report setting forth in detail the 
reasons for such recommendations, and shall be sub- 
mitted to the Forester through the Chief Engineer. 

On November 15 of each year the District Forester 
will prepare and send, by registered mail, to each per- 
mittee, a statement of account. This statement will 
show the amount of the charge for the succeeding cal- 
endar year and the credit, if any, on account of previous 
payments. If a balance is due from the permittee the 
statement will be accompanied by a letter of transmittal 
(Form 861). The District Forester will retain two car- 
bons of the statements and the Form 861, and will file 
them, together with the registry receipt, with the other 
papers in the case. Upon the receipt from the District 
Fiscal Agent of the notice of payment the date of such 
payment should be indorsed upon the file copies of the 
Form 861. The original Form 861 with the customary 
indorsement thereon of payment will be sent to the 
permittee through the Supervisor and one copy of the 
statement and of the Form 861 will be sent to the 
Supervisor for his files. 

In preparing the notice of the first annual payment 
after the granting of the permit, the minimum rate of 



76 THE USE BOOK. 

10 cents per horsepower per annum will apply pro- 
portionately to the fractional parts of the calendar 
year succeeding the date of the granting of the permit 
and also to the following full calendar year. 

If the works are completed and operation begun at 
or prior to the time specified in the stipulation, the 
minimum rate of 10 cents per electrical horsepower 
per annum will apply from such date proportionately 
to the fractional part of the calendar year succeeding 
such date and also to the follow^ing full calendar year, 
and the rate will be increased each year by 10 cents 
per electrical horsepower until the rate of $1 is 
reached, and will then remain at that rate until the 
expiration of the permit, and all payments made previ- 
ous to the beginning of operation will be applied on 
payments due or to become due at and after that time. 

In order that the District Forester may know whether 
the terms of the stipulation and permit are being com- 
plied with, the Supervisor should keep himself fully 
informed of the progress of the work. He shall im- 
mediately upon the date specified in the stipulation 
upon which construction should begin, make an exami- 
nation and report to the District Forester whether the 
construction has begun. The Supervisor should ascer- 
tain from time to time thereafter whether the works 
are being constructed with due diligence and in sub- 
stantial agreement with the maps and plans, and in 
case of doubt should call for an examination by the 
District Engineer. He shall also immediately on the 
date specified in the stipulation upon which operation 



THE USE BOOK. 77 

should begin, make an examination and report to the 
District Forester whether such operation has begun. 

In order that the District Forester may be informed 
of the power situation in the whole District, the Super- 
visors will forward from time to time whatever infor- 
mation they are able to collect, formally or informally, 
concerning costs of generation of power, the returns 
from its sale, the interrelations of the various compa- 
nies, transfers of rights, water locations, etc. The date 
and source of all such information should be given with 
the Supervisor's opinion of its reliability. 

SEMICOMMERCIAIi WATEB-POWER WORKS. 

Water-power works of a semicommercial nature will 
be regarded as commercial except in so far as a satis- 
factory showing of partial noncommercial use may be 
made to the District Forester b}^ the permittee. 

The application and procedure will be the same as 
in commercial water-power works except that the 
charge will be based upon the net power capacity after 
a proper deduction has been made for the amount of 
electric energy used for noncommercial purposes. (See 
Regulation L-8.) The figure w^ill be determined from 
statements submitted to the District Forester by the 
permittee, or, if necessary, from an examination of the 
permittee's books (see Regulation L-13), or from an 
investigation by the District Engineer. 

The data for the deduction will be obtained each 
year by November 15, in order that the District For- 
ester may be prepared to send to the permittee at that 



78 THE USE BOOK. 

time a statement of account, accompanied by a letter 
of transmittal (Form 861), if a balance is due from the 
permittee. In arriving at the deduction to be made 
for any year, data shall be used for the 12 months next 
preceding the date of determination. 

APPLICATION AND PERMIT FOR NONCOMMERCIAL WATER-PCWER 
WORKS OF 1,000 HORSEPOWER CAPACITY OR LESS. 

Permits for noncommercial water-power works having 
a maximum capacity of 1,000 horsepower or less will 
be issued by the District Forester. (Regulation L-1.) 
No charge will be made for such permits. (Regula- 
tion L-2.) 

Applications in writing will be filed with the District 
Forester and must conform to the requirements of 
Regulation L-11. 

When the application is received the District Forester 
will indorse thereon the date of its receipt. The appli- 
cation will be examined by the District Engineer to 
determine whether it conforms to the requirements of 
the Regulation and whether the capacity of the pro- 
posed works is 1 ,000 horsepower or less. If the capacity 
is found to be in excess of 1 ,000 horsepower, the applica- 
tion will be returned and the applicant informed that 
an application in the form prescribed by Regulation 
L-9 or L-10 will be required. If the application is 
complete and the capacity 1,000 horsepower or less the 
District Forester will send the Supervisor two print 
maps of location and a copy of the notes of survey and 
such other papers as may be necessary. If the appli- 



THE USE BOOK. 79 

cation was not accompanied by a certificate from the 
Supervising Engineer of the Reclamation Service that 
the proposed works will not interfere with any project 
of the Reclamation Service, the District Forester will 
will secure the certificate before issuing the permit. 

The Supervisor will cause such field examination to 
be made as may be necessary, and will submit a special- 
use report (Form 964), accompanied when necessary 
by a report on timber to be cut or destroyed (Form 
578b), to the District Forester. 

A field examination by the District Engineer will be 
made only when necessary, in the judgment of the 
Supervisor or the District Forester. 

Wlien the application is approved the District For- 
ester will prepare a permit on Form 832, in which the 
following conditions will be inserted: In case any part 
of the power developed by the plant is sold for use gen- 
erally, or to other mining companies for any purpose, 
the permittee will be required to pay such charges and to 
comply with such other requirements fixed by the Sec- 
retary of Agriculture as shall then be in force in respect 
to other users of National Forest lands for like purposes. 
This permit shall cease and be void on failure of the 
permittee to pay the charges and comply with the 
requirements within 90 days from the date on which 
demand is made. 

The permit will be prepared in triplicate, one copy 
stamped '^original," one '^duplicate," and one ^'Super- 
visor's cop3^" The District Forester will sign the orig- 
inal and duplicate copies and send the original to the 



80 THE USE BOOK. 

permittee, the Supervisor's copy to the Supervisor, 
and retain the dupHcate. 

TRANSMISSION LINES, APPLICATIONS AND PERMITS. 

Permits for transmission lines which are not a part 
of a general power project covered by a power permit 
will be issued by the District Forester. 

A fee will be charged of $5 per annum for each mile 
of National Forest land crossed by such lines, and the 
minimum fee for any one permit will be $5 per annum. 

Applications for such transmission-line permits will 
be filed in the Office of the Supervisor and will consist 
of tracings and field notes of surve}^, both in the form 
and with the affidavits and certificates required for 
such lines when part of a v\^ater-power application. 
(Regulation L-10.) 

The vSupervisor will send the District Forester re- 
ports on Forms 964 and 578b together with the map and 
field notes submitted by the applicant, and will send a 
Form 861 to the applicant. No engineering examina- 
tion will be made unless requested by the Supervisor or 
desired by the District Forester. 

Upon approval of the application, and upon the re- 
ceipt of notification from the District Fiscal Agent that 
the first advance payment has been made, the District 
Forester will prepare and execute the permit with three 
copies, one for his own files, one for the Chief Engineer, 
and one for the vSupervisor. The original will be sent 
to the permittee through the Supervisor, together with 
the original of the Form 861. 



INDEX, 

Page. 

Acknowledgment of water-power stipulation 55 

Acts of Congress, June 4, 1897 (30 Stat., 11) 7 

February 1 , 1905 (33 Stat. , 628) 7 

Affidavits. (See Forms.) 

Alteration of maps and plans 31, 47 

Amendment of maps and plans 31, 47 

Applications. (See Forms.) 

Cancellation of permits, recommendation for 75 

Certificates. (See Forms.) 

Charges, annual 11, 49, 52, 62 

based on value of lands 12, 49 

deductions in 15, 16, 51 

for preliminary permits 11, 35 

for semicommercial works 16, 51, 77 

made for all commercial works 9 

method of calculation of 12 

minimum rate to apply at beginning of operation. 13, 52, 76 

none for noncommercial works 9 

rate of, annual increase in 13 

during construction 13 

for final permits 13 

Chief Engineer, action by 65, 73 

transmission of papers to 63, 65, 72 

Clearing of lands, requirement for 29 

(Conflicting applications 63, 68 

Conflicting rights of way " 10, 31, 63, 68 

Construction, defined 27, 48, 70 

extension of time for 28, 32, 48 

time for beginning and completing 27, 40 

time for preliminary 70 

under preliminary permit 37, 61 

Damage, payment for 30, 54 

719560—11 6 81 



82 INDEX. • 

Page. 

Deductions from gross power capacity 15, 51 

Development of projects, progressive 71 

Deviations from maps and plans 28, 31, 47, 49 

District Engineer, action by 64, 65, 67, 68 

field examination by 69 

report by 61, 70 

District Forester, action by 63-68, 72, 73, 75 

Estimates to accompany applications 22 

Exclusive nature of permits 10 

Extension of permits by District Forester 9 

by Secretary of Agriculture 8 

Extension of time 62 

for beginning operation 32, 48 

for construction work 32, 48 

litigation over water rights not excuse for, 

generally 11 

Filing of applications, place of 17, 19, 25, 61, 80 

Final applications, record of 67 

relation of, to preliminary 62 

Final water-power permits 8 

application for (sec Forms) 19, 38 

record of 67 

requirements of applications for... 19 

revocation of 9, 58, 75 

term of 11, 58 

Forester, action by 66, 74 

submission of papers to 6G, 70, 74 

Forest fires, permittees to aid in preventing and extinguish- 
ing 30, 55, 60 

Forms — 

Acknowledgment of execution of stipulation 55 

Affidavits of engineers on — 

estimates and data 45 

map of location 41 

notes of survey 43 

plans of structures 44 



INDEX. 83 

Page. 
Forms — Continued. 
Application for — 

final water-power permit 38 

preliminary water-power permit i 33 

Certi-ficate by applicant on— 

estimates and data 46 

map of location 42 

notes of survey 43 

plans of structures 44 

Certification of receipt of — 

final application 40 

preliminary application 34 

stipulations 56 

Permits, water-power — 

final 56 

preliminary 35 

transmission line 59 

Stipulations, water-power 46 

Gauges 28, 53 

General information, supervisors to report 77 

Gross power capacity, decision of Secretary final 17, 53 

definition of . . . 14, 48 

Insufficient papers, return of 68 

Irrigation, power works for, when noncommercial 9 

Jurisdiction of Secretary of Agriculture 7 

Secretary of the Interior 7 

Load factor, definition of 15, 50 

Location, maps of 17, 19, 41, 42 

construction to be within limits of 26, 47 

Maps and plans required 17, 19, 41, 42 

affidavits and certificates on (see Forms) 41-46 

amendment of 28, 31, 49 

deviations from 28, 31, 47 

Measuring devices 28, 53 



84 INDEX. 

Page. 

Municipal power works, noncommercial 9 

Mining, power works for, when noncommercial 9 

Net power capacity, how determined 15, 51 

redetermination of 16, 50 

New permit, issued to transferees 32, 58 

old permit may constitute application for 11, 58 

Noncommercial water-power works, applications for permits 

for 78 

definition of 9 

issuance of permits for. . . 79 

no charge for 9 

requirements of applica- 
tions for 25,26 

when permits issued by 

District Forester 78 

Operation, continuous, required 27, 49 

extension of time for beginning 32, 48 

time for beginning, limited 27, 48 

Payments, by original permittee credited to new permittee. . . 14 

notice and record of annual 75 

on preliminary permits credited on finalpermits . 13, 36, 62 

Permits, exclusive nature of 10 

Power capacity of works 14 

definition of 14, 49 

determination of 71 

Preliminary water-power permits 8, 61 

Application for {see Forms) 33, 61 

Charges for 12,36,62 

Effect of 8 

Payments on, credited on final permits 12, 36, 62 

Relation of application for, to application for final permit . 62 

Requirements of application for 17 

Term of may be extended 19, 37, 62 



INDEX. 85 

Page. 
Priority of application for final water-power permit, how es- 
tablished and maintained 9, 36, 61 

for preliminary water-power permit, 

how established and maintained.. 9, 61, 64 
loss of precludes new permit within one 

year .^ 10 

lost by failure to file application for 

final permit 10 

lost by failure to file stipulation 10 

Progress of work, supervisors to report 76 

Progressive development of projects 71 

Receipt of applications, certificates of {see Forms) 34, 40 

record of 63, 67 

Reclamation Service, approval of projects by 19 

Records of permittees, to be open to Department 28, 53 

Refuse, disposal of, required 29, 54, 60 

Renewal of permits, when by Secretary of Agriculture 8 

District Forester 8 

Restraint of trade, combinations in, prohibited 29, 53 

Revocation of permits 9 

by Secretary of Agriculture alone ... 9, 58, 75 

Roads and trails destroyed, building of, required 30, 54 

Speculative holdings, charges imposed to prevent 62 

Stipulations, conditions in 26, 46 

for noncommercial water-power permit 26 

required to be filed with application for final 

permit 26 

submission to applicant for execution 73 

Storage power, definition of 15, 50 

Stream measurements, records of 28 53 

Supervisor, Forest, action by 69, 79, 80 

to report general information 77 

progress of work 76 

Telephone lines, protection of, required 29, 54, 60 

Termination of permits 58, 62 



86 INDEX. 

Page. 

Term of final water-power permits 11 , 58 

Timber, settlement of, required 30, 54, 60 

Transmission lines, action by District Forester 80 

Supervisor 80 

applications for permits for. 80 

charges for 80 

permits for {see Forms) 9, 59, 80 

United States, sale of electric energy to 30, 55 

Water rights, acquired under State laws 11 

Department will not determine. 11 

evidence of 18, 23 

litigation over, not excuse for extending time, 

generally 11 

permits do not give 11 

protests based on lack of, not considered 11 

Weirs 28,53 

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